Whistleblower protections for public company employees
Coverage that extends beyond the issuer itself.
Esshaki Legal Media TeamCurrent as of February 2026
Employees of public companies, and of their contractors and subsidiaries, are
protected when they report conduct they reasonably believe violates securities
laws, fraud statutes or regulations.
Covered employers. Issuers, and their officers, contractors, subcontractors
and agents. Employees of privately held contractors performing work for an
issuer are covered, which is broader than most employers assume.
Protected conduct. Providing information to a federal agency, to Congress,
or to a person with supervisory authority within the company — internal
reporting is expressly covered.
Reasonable belief that the conduct violates one of the enumerated
provisions. The employee need not identify the specific provision or establish
an actual violation.
Causation. Contributing factor, with the employer’s burden to show by clear
and convincing evidence that it would have acted the same way.
Procedure. A complaint with the labor department within a stated period,
with the right to remove to federal court if no final decision issues within a
period.
Remedies. Reinstatement with seniority, back pay with interest, and special
damages including reputational harm and fees. Compensatory damages are available
and there is no cap.
Arbitration. Predispute arbitration agreements are unenforceable for these
claims by statute.