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Wiest v. Lynch

United States District Court for the Eastern District of Pennsylvania
2011 WL 2923860 (2011)


Jeffrey Wiest (plaintiff) worked in the accounts payable department of Tyco Electronics Corporation (Tyco) (defendant). From 2007 to 2009, Wiest refused to process several Tyco expenditures that he thought violated company policy and federal regulations. Wiest sent emails to his supervisor questioning these expenditures and recommending review to ensure proper tax treatment and accounting. Wiest suspected that Tyco's management was becoming frustrated with his continued questioning of the company’s treatment of expenditures. In 2009, Tyco opened an investigation into certain allegations against Wiest, including improper receipt of baseball tickets, sexually suggestive comments, and an improper relationship with a fellow employee. Eventually, Tyco fired Wiest. Wiest brought suit, claiming that Tyco had violated the Sarbanes-Oxley Act's (SOX) prohibition against retaliatory personnel actions. Tyco filed a motion to dismiss for failure to state a claim.

Rule of Law


Holding and Reasoning (Pratter, J.)

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