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

Celebrating Safely on New Year’s Eve

New Year's Eve is a time to reflect, celebrate, and look forward to the year…

1 week ago

Avoiding Holiday Travel Injuries: What You Need to Know

With the Thanksgiving holiday already seeing record numbers of travelers, 2024 is setting up to…

2 weeks ago

Safety Tips During Holiday Shopping

The holiday season brings joy, excitement—and sometimes chaos—to shopping centers as we hunt for the…

3 weeks ago

Keeping Children Safe in the Winter: Essential Tips for Outdoor Play

Wintertime can be a magical season for young children, with snow-covered playgrounds and crisp, fresh…

1 month ago

Preparation Tips for Winter Driving Safety

Winter brings a unique set of challenges for drivers, with snow and ice contributing to…

1 month ago

5 Must-Dos to Ensure Motorcycle Safety in Winter

Winter brings a unique set of challenges for motorcycle enthusiasts. While the thrill of riding…

1 month ago