Question
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
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?
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