Complaint Of Contract And Violations Of The Sox Anti Retaliation Statute

Complaint Of Contract And Violations Of The Sox Anti Retaliation Statute

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This case is based on Mrs. Jennifer Sharkey, who sued J.P. Morgan & Co. (JCMC), Mr. Kenny, Mr. Green, and Mrs. Lassiter, alleging breach of contract and violations of the SOX anti-retaliation statute. The facts started when Mrs. Sharkey was assigned to a Suspect Client 's account where members of JPMC expressed to her their concern regarding to this account because they suspected that the Suspect Client was involved in illegal activities. After Mrs. Sharkey’s investigation, she claimed that she informed her conclusions to superiors Mr. Kenny, Mr. Green, and Mrs. Lassiter, of the Suspect Client 's potential unlawful activities, such as: money laundering, mail fraud, bank engaged in fraud, and violations of federal securities laws. After of several attempts in communicating her suspicions and after her recommendation to stop any business with the Suspect Client to her supervisors, Mrs. Sharkey filed a complaint with the Occupational Safety and Health Administration of U.S. Department of Labor (OSHA), alleging that JPMC violated the Sarbanes-Oxley Act of 2002 (SOX). OSHA dismissed her complaint on April 12 but she was able to re-plead her SOX claims and she proceeded to file the AC on February 14, 2001.
The legal issue in this case is whether Mrs. Sharkey can make a prima facie showing that her complaints about the Suspect Client were protected activity and that was a contributing factor to her termination and whether JPMC can prove by convincing evidence that it would have taken the same unfavorable personnel action in the absence of that protected behavior.
As is reported in the case Sharkey v. J.P. Morgan Chase, "the defendants motion to dismiss is denied, and is stated that Mrs. Sharkey adequately alleges conduc...


... middle of paper ...


...he client was bigger than the risk of having him, or that they were afraid of what the investigation could discover. On the other hand, we can infer that the reason was because they genuinely did not find sufficient evidence in order to terminate any relationship with the Suspect Client, and that they took the "wrong decision" to fire Mrs. Sharkey in order to stop the investigation. Moreover, we could say that the defendants wanted to prevent a possible lawsuit by the Suspect Client as a result of an unjustifiably business termination.
We could mention other reasons on why the supervisors acted that way, but all of them are entirely speculative. It is imperative that employers in similar situations, take the determination on terminate an employee for the right reasons and not because an employee exercises his or her legal rights on reporting an illegal activity.

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