WHISTLE-BLOWER PROTECTION

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 he refused, IDX terminated

Leon 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 were 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 him in violation of the whistle-blower

provision of the SOX Act and that his termination was

based on the fact 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?