DOL Orders Wells Fargo to Pay $22M Over Whistleblower Retaliation

Investigators, however, “found the removal was not consistent with Wells Fargo’s treatment of other managers removed under the initiative,” Labor said.

The employee filed a complaint with OSHA, alleging retaliation under the Sarbanes-Oxley Act.

“The evidence demonstrates Wells Fargo took retaliatory action against this senior manager for repeatedly expressing concerns about financial management they believed violated federal laws,” said Doug Parker, assistant secretary of Labor for Occupational Safety and Health, in a statement.

“The Sarbanes-Oxley Act protects employees from retaliation in these very circumstances and the Department of Labor will not tolerate employers who violate the law and illegally terminate workers that exercise their rights under the law,” Parker added.

Wells Fargo said Wednesday in a statement shared with ThinkAdvisor: “We disagree with the Occupational Safety and Health Administration’s findings, which were not based on an evidentiary hearing. We intend to appeal to an administrative law judge. Wells Fargo has zero tolerance for acts of retaliation, and employees are encouraged to report concerns which will be promptly and thoroughly investigated.”

Both parties have 30 days from the receipt of OSHA’s findings to file objections and request a hearing before an administrative law judge.