In an employment retaliation action under the whistleblower provision of the Sarbanes-Oxley Act, grant of defendant's motion to dismiss in favor of remand to the appropriate administrative body for further proceedings is vacated and remanded as the plain language of section 1514A(b)(1)(B) unambiguously establishes a Sarbanes-Oxely whistleblower complainant's right to de novo review in federal district court if the Department of Labor has not issued a final decision and the statutory 180-day period has expired.
Argued: September 23, 2009
Decided: December 31, 2009
Opinion by District Judge Davis
For Appellant: Adam Augustine Carter, Employment Law Group, PC
For Appellee: Robert Michael Shea, Morse Barnes-Brown & Pendleton, PC