Xanthopoulos v. U.S. Dept. of Labor, Administrative Review Board

Federal 7th Circuit Court
Civil Court
Sarbanes-Oxley
Citation
Case Number: 
No. 20-2604
Decision Date: 
March 22, 2021
Federal District: 
Petition for Review, Order of U.S. Dept. of Labor
Holding: 
Petition denied

U.S. Dept. of Labor's Administrative Review Bd. did not err in dismissing as untimely petitioner-employee/whistleblower's administrative complaint filed with OSHA, alleging that intervenor respondent- employer violated Sarbanes-Oxley Act by terminating him in retaliation for submitting TCR forms to Securities Exchange Commission that alleged that respondent had committed securities fraud involving its clients. Relevant limitations period is 180 days, and plaintiff did not file instant complaint until 350 days after his termination. Moreover, plaintiff could not invoke equitable tolling doctrine, even though filing of TRC forms occurred within 180-days limitations period, since plaintiff's TCR forms cited, at best, separate Dodd-Franks anti-retaliation claim, and substance of TCR forms concerned whistle-blowing claim asserting securities fraud conduct, as opposed to retaliation conduct. As such, plaintiff could not assert that he essentially filed timely Sarbanes-Oxley claim in wrong forum so as to qualify for equitable tolling treatment.