DIGITAL FILED A MOTION TO DISMISS SOMERS CLAIMS FOR RELIEF FROM RETALIATION RELATED TO HIS REPORTING OF SUSPECTED SOX VIOLATIONS. THE MOTION WAS DENIED.

IN AN ANSWER TO DIGITAL’S MOTION TO DISMISS, JUDGE CHEN DECIDED THAT EMPLOYEES WHO REPORT SOX VIOLATIONS, OR A REASONABLE BELIEF THEREOF, TO MANAGEMENT ARE OFFERED THE SAME RIGHTS AND PROTECTIONS AS THOSE WHO REPORT TO THE SEC.

DIGITAL IS NOT IN FAVOR OF EMPLOYEES REPORTING INTERNALLY; THEY HAVE SPENT A SIGNIFICANT AMOUNT TIME AND INVESTED HEAVILY IN THE APPEAL.

IS DIGITAL AWARE THAT THEY ARE TRYING TO KILL OFF AN IMPORTANT SEC INITIATIVE?

WHAT MESSAGE DOES IT SEND EMPLOYEES?

 


NOVEMBER 2014– SOMERS FILES CLAIMS IN FEDERAL DISTRICT COURT OF NORTHERN CALIFORNIA AGAINST DIGITAL FOR RETALIATION AFTER BEING TERMINATED FOR REPORTING SUSPECTED SOX VIOLATIONS, ET AL

FEBRUARY 2015 – DIGITAL FILES MOTION TO DISMISS SOX CLAIM/RETALIATION – CLAIMS EMPLOYEE DID NOT REPORT TO SEC HENCE NOT A WHISTLEBLOWER

MAY 2015 – JUDGE CHEN DENIES DIGITAL MOTION TO DISMISS. TELLS DIGITAL THEY ARE “MISTAKEN.” PAVES THE WAY FOR EMPLOYEES TO REPORT VIOLATIONS TO SENIOR MANAGEMENT

MARCH 2016 – DIGITAL’S INTERLOCUTORY FILED WITH THE 9TH CIRCUIT

MAY 2016 – BRIEF FILED BY SOMERS OPPOSING DIGITAL’S APPEAL

MAY 2015 – JUDGE CHEN  DENIES DIGITAL MOTION TO DISMISS.  TELLS DIGITAL THEY ARE “MISTAKEN.” PAVES THE WAY FOR EMPLOYEES TO REPORT VIOLATIONS TO SENIOR MANAGEMENT

 MARCH 2016 – DIGITAL’S INTERLOCUTORY FILED WITH THE 9TH CIRCUIT

 MAY 2016 – BRIEF FILED BY SOMERS OPPOSING DIGITAL’S APPEAL