Blowing The Whistle

Blowing the whistle can be a difficult decision for anyone, and it is particularly difficult for an employee who believes they will be fired or treated as a trouble maker. Certainly, an employee will most likely create a complicated relationship with their employer when they report an action they believe to be illegal or to be a violation of government laws, procedures or regulations. Employees of a third-party such as a contractor can also blow the whistle, and they will also incur the risk of making both their management angry and the management of the company they work for.

You are not required to notify your employer before blowing the whistle. If you disclose information to a government or a law enforcement agency or to another employee who has the authority to correct the problem, then you are protected by state and federal law. However, while this protection means that firing you would be illegal, it may not stop your employer from doing so, or from retaliating in another way. Keep in mind that regulating employer behavior does not automatically prohibit improper behavior, but the employer faces consequences for any retaliation they take against you.

Before discussing your options if you experience retaliation, let’s review the conditions for receiving the protection of the laws. The law protects an employee who discloses violations even when doing so is not part of their job duties. Additionally, reporting a suspected violation either internally or externally is a protected act. This means that if you have a reason just to suspect that a violation has been committed, you can report it to the appropriate authorities.

Whistleblowers need some evidence that would be credible to the authorities. The more evidence that the whistleblower provides, the more likely it is to result in corrective action. It may not be wise to turn over corporate records since this action could be considered by the employer to be an illegal act. However, it would be appropriate to describe the records that will support the claim of wrongdoing. A whistleblower needs to be sure that they are not letting personal grudges against the management cloud their judgment.

A whistleblower can protect their job by being accurate in their report and following up to make sure they know the disposition of their claim. Job protection will be enhanced if their claim was acted upon.

Employers are prohibited by law from retaliating if they believe an employee has disclosed or may disclose reasonably-believed violations. The office of the California State Auditor provides information on how to file a complaint about a violation of state whistleblower laws.

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.