Former Wells Fargo Employee Awarded $5.4 Million in Whistleblower Retaliation Lawsuit

Wells Fargo Whistleblower

The Occupational Health and Safety Administration (OSHA) has ordered Wells Fargo to reinstate and compensate an unnamed, former bank manager. The former bank manager was retaliated against and terminated in 2010 after reporting suspected fraudulent behavior to his superiors as well as through a bank ethics hotline.
The whistleblower reported separate incidents of suspected bank, mail, and wire fraud by bankers under his supervision in relation to Wells Fargo’s illegal sales practices going back as far as 2005. As many as 2 million checking and credit card accounts were opened under customers’ names without their permission, a violation for which Wells Fargo paid $185 million as a settlement in September 2016.

Four months after reporting the suspected fraud, Wells Fargo gave the whistleblower 90 days to find another position within the company. Being unable to find a different position, the whistleblower was terminated despite previous positive performance reviews from his branch in Los Angeles. He has since been unable to find work in banking.

OSHA conducted an investigation, concluding that the whistleblower activity, protected under the Sarbanes- Oxley Act (SOX) of 2002 as integral to the protection of consumers and investors who rely on employee information to guarantee honest business practices, was at least a contributing factor in the decision to dismiss the whistleblower. OSHA has ordered Wells Fargo to not only reinstate the whistleblower and clear his personnel file but also to fully compensate him for his lost earnings while he was out of the banking industry. These damages of back pay, compensatory damages, and attorneys’ fees were calculated at $5.4 million. This makes it OSHA’s largest-ever individual whistleblower award. The court has also ordered Wells Fargo to post a notice to all employees. The notice is to inform them of whistleblower protections under SOX.

Sarbanes-Oxley Act

The Sarbanes-Oxley Act prohibits a publicly traded company, or any contractor or agent of such company, from retaliation against an employee who blows the whistle on what she reasonably believes to be a violation of statutes prohibiting:

  • mail fraud
  • wire fraud
  • bank fraud
  • securities fraud
  • any rule or regulation of the Securities and Exchange Commission (SEC)
  • or any provision of Federal law relating to fraud against shareholders

Successful whistleblowers are entitled to recover their attorneys’ fees and costs under SOX.

Wells Fargo intends to appeal the order before the Office of Administrative Law Judges (OALJ). However, the whistleblower must still be reinstated based on the preliminary reinstatement order.

Published by
Clayton E. Wire

Recent Posts

Is Colorado a No-Fault State? How Car Accident Claims Work

Colorado is not a no-fault state. It operates under an at-fault (tort) system, meaning the…

5 days ago

Non-Pecuniary vs. Pecuniary Losses: What They Mean for Your Case

Terms such as pecuniary losses and non-pecuniary losses can feel technical and unfamiliar, particularly at…

5 days ago

Traumatic Brain Injury Diagnosis: What Doctors Look For

In Denver, people spend significant time on the road, at work, and in active environments.…

2 weeks ago

Can You Sue Someone for a Sports Injury in Colorado?

Yes, potentially. In some cases, injuries result from unsafe conditions, reckless conduct, or failures in…

2 weeks ago

What Is the Average Settlement for a Traumatic Brain Injury (TBI) in Denver?

There is no true or single average settlement for a traumatic brain injury (TBI) in…

2 weeks ago

What Types of Brain Injuries Can Occur After a Car Accident?

Potential traumatic brain injuries (TBI) sustained in a car accident include: Concussions Brain contusions Coup-contrecoup…

2 weeks ago