Sec. 33-1336. Whistleblowing protections for employees of certain corporations.
Sec. 33-1336. Whistleblowing protections for employees of certain corporations. (a) No corporation organized under the laws of this state or authorized to transact
business in this state, the securities of which are registered under Section 12 of the
Securities Exchange Act of 1934, as from time to time amended, or that is required to
file reports under Section 15(d) of the Securities Exchange Act of 1934, as from time
to time amended, and no officer, employee, contractor, subcontractor or agent of any
such corporation, may discharge, demote, suspend, threaten, harass or in any manner
discriminate against any employee who performs any portion of such employee's employment duties within this state in the terms and conditions of employment because
of any lawful act done by the employee (1) to provide information, cause information
to be provided, or otherwise assist in an investigation regarding any conduct that the
employee reasonably believes constitutes a violation of 18 USC Section 1341, 1343,
1344 or 1348, any rule or regulation of the Securities and Exchange Commission, or
any provision of federal or state law relating to fraud against shareholders, when the
information or assistance is provided to or the investigation is conducted by (A) a federal
or state regulatory or law enforcement agency, (B) a member or committee of Congress
or the General Assembly, or (C) a person with supervisory authority over the employee,
or such other person working for the employer who has the authority to investigate,
discover or terminate misconduct, or (2) to file or cause to be filed a proceeding, or to
testify, participate or otherwise assist in a proceeding filed or about to be filed, with any
knowledge of the employer, relating to an alleged violation of 18 USC Section 1341,
1343, 1344 or 1348, any rule or regulation of the Securities and Exchange Commission,
or any provision of federal or state law relating to fraud against shareholders.
(b) An employee who alleges discharge or other discrimination by any person in
violation of subsection (a) of this section may bring an action in the Superior Court for
damages and injunctive relief against such person, not later than one year after knowledge of the specific incident giving rise to such claim.
(P.A. 03-259, S. 34; P.A. 04-56, S. 2.)
History: P.A. 04-56 amended Subsec. (a) by replacing references to "publicly held corporation" with provision re
corporation organized under the laws of this state or authorized to transact business in this state and subject to securities
registration or reporting requirements under the Securities Exchange Act of 1934, adding provision re employee "who
performs any portion of such employee's employment duties within this state" and making conforming and technical
changes, effective May 10, 2004.