Leon was the director of medical information at IDX systems. After IDX began an investigation of Leon’s activities, it required him to turn over his companyissued laptop computer. When Leon refused, IDX terminated his employment and required him to return his laptop computer. After initial resistance, Leon turned over his laptop. A forensic examination of the laptop showed that files had been deleted and that a user had deployed special software in an attempt to

“write over” and hide documents. Leon eventually filed suit claiming that IDX terminated his employment in violation of the whistleblower provision of the SOX Act and that his termination was based on the fact that he had evidence on his laptop about IDX improprieties.

CASE QUESTIONS

1. Is Leon protected under the SOX Act even if there is no evidence that he actually had information about unlawful IDX activities?

2. Could Leon be in violation of the SOX Act document destruction rules for deleting files?