As with any new process, it will take time for everyone to get on the same page. It’s essential when it comes to collaborative strategies. In general, disclosures of misconduct, such as breaking laws, rules, or regulations, egregious mismanagement, wasting money, abusing power, or posing a serious and particular risk to public health or safety, are protected by federal whistleblower laws.
Stay Confidential
While disclosing information to the appropriate audience is essential, remaining confidential throughout your whistleblowing efforts is crucial. Employees are protected against retaliation if they disclose information to the OIG Hotline or other authorized audiences, such as an inspector. Retaliation can include any personnel action that interferes with an employee’s ability to do their job, including firing, preventing the individual from finding another job, reducing pay, denying benefits, and denying promotion.
While you’re still reporting a violation, ensure that all communication with your support network is conducted on your own time, not through work devices or email. Advanced surveillance techniques can allow employers to monitor employee communications. Consider using communication tools that are secure and private.
Be aware that the SEC may bar an applicant from participating in its program if it preliminarily determines that three or more award applications are frivolous and lack colorable connections between the whistleblowing and actions for which a reward is sought. It can seriously impact an individual’s career and personal life and is an intensely personal decision. Therefore, it is best to consult an attorney for a whistleblower law collaborative and support network before blowing the whistle and submitting any application.
Know the Law
In the last 20 years, there has been a global trend of increased support for whistleblower protections. The enactment of new whistleblower statutes and administrative and judicial interpretations of existing ones has fueled this growth. Most whistleblower laws protect an employee who discloses information in good faith based on a belief that a federal or state law or regulation has been violated. The information could cover a breach of a law, rule, or regulation, flagrant mismanagement, financial waste, misuse of power, or a significant and particular risk to public health or safety. Some whistleblower laws also provide monetary awards for individuals who disclose information to the appropriate agency. This award money, which can be substantial, is meant to motivate workers to tell the truth. However, the award amount can often be impacted by what is called the “first to file” principle, which generally bars an individual from recovering a reward when their information is publicly available.
It is critical for anyone considering becoming a whistleblower to consider all of the potential risks and benefits of their decision. They should also consult their loved ones on the potential impacts, especially as whistleblowing can force them out of their chosen career fields, subject them to public smear campaigns, and require them to endure severe psychological trauma.
Make a Plan
Whistleblower protections have increased dramatically in recent years. Enactment of laws granting these protections has driven this growth, but judicial interpretation and administrative enforcement have also contributed. While these protections are a vital part of the fabric of democracy, they must be effectively implemented and enforced.
In addition, to maximize the likelihood of a successful whistleblower lawsuit, choosing a remedy with a favorable causation standard is critical. For instance, SOX and many whistleblower programs that DOL enforces utilize a “contributing factor” causation standard. It means that whistleblowers only need to show that their protected disclosure played a role in the employer’s decision to take adverse action against them. Lastly, to remain anonymous, whistleblowers should only communicate with those they trust to maintain confidentiality and should use secure communication tools when possible. It’s true, given that employers can monitor employee devices, email, and other communications.
Take Action
Whistleblowers often face a long, arduous journey to justice. As such, they must remain healthy and resilient throughout the process. Therefore, they should engage in self-care and stress-reducing activities and develop a support community through trusted peers, family, and therapists. They also need to learn mindfulness while dealing with their travels’ emotional and physical strain. It is also essential for whistleblowers to know their rights. Hence, they know what is considered “adverse action” (i.e., retaliation) and the procedures for reporting complaints and seeking a remedy.
Finally, whistleblowers must report their concerns through the appropriate channels. They should not disclose their concerns on social media or industry message boards, as these types of casual communications can be used to undermine a whistleblower’s case. Most whistleblower laws have a “race to the courthouse” or “first to file” rule, and defense lawyers can use these casual disclosures to argue that your case should be barred for having already been “publicly disclosed.”
For your whistleblower lawsuit to have the best chance of success, you must heed the advice provided above. You must also find a lawyer with experience handling whistleblower cases who can ensure you are reporting your concerns through the appropriate channels.
