Wallace v. Tesoro Corp., No. 13-51010 (5th Cir. 2015)
Annotate this CasePlaintiff filed suit against Tesoro, alleging that Tesoro terminated his employment for engaging in protected activity under the Sarbanes-Oxley Act of 2002 (SOX), 18 U.S.C. 1514A. The district court held in part that plaintiff had failed to state a claim and in part that some of the allegations had not been properly exhausted before OSHA. The court concluded that, although plaintiff did not satisfy the applicable exhaustion requirement for some of his allegations and failed to state a claim for others, he did state a claim relating to his investigation of Tesoro's accounting practices. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings.
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