It is well known that blowing the whistle on fraud, waste, or corruption is risky. However, the good that can come from the actions taken by employees who are brave enough to step forward and bring their employers’ misdeeds into the light is tremendous. Some laws protect whistleblowers, and if you are considering blowing the whistle on your employer, it is wise to educate yourself about whistleblower protection ahead of time.
For example, you must understand the concept of “protected activity” before you make any report. To be eligible for compensation for any retaliation that you might experience after you make a report, you must make your report correctly. The reporting or other activities that you did to expose or respond to your employer’s conduct must fall within the definition of a “protected activity” that is contained in one or more whistleblower protection laws. Reporting is one activity that is protected, provided that you have a reasonable belief that the conduct you are reporting violates the law. It is critical that you know that protection often extends to internal reports and complaints to management or supervisors as well as reports to external agencies. Refusing to violate the law and refusing to work in an unsafe environment are other examples of protected activities.
Blowing the whistle is not a matter to be undertaken spontaneously. Careful preparation before you make a report is critical. To make your report as credible as possible, gather evidence that will support the allegations you plan to make. Documents and photos may be accessible to you, and these can help support your claims. However, do not copy any documents or pictures unless you are sure that doing so does not violate your employer’s code of conduct. Personal notes, meeting minutes, and journals can also support your claim. Use caution when gathering evidence of conversations, as recording conversations is not always legal. If you find that you can legally record conversations that you are involved in, know that audio evidence discussing plans to violate the law has proven valuable in many whistleblower cases.
If you’re thinking about blowing the whistle, plan your steps carefully before you take action. You might be able to make an anonymous report under one or more whistleblower programs, such as the whistleblower program that is operated by the United States Securities and Exchange Commission (SEC). If anonymous reporting is available to you, you might want to take that avenue to decrease the possibility that you will experience retaliation. Unfortunately, not all conduct that needs to be reported can be reported anonymously. If anonymous reporting is not available in your particular situation, you may have to boldly move forward and take your concern through whatever process is available to you, even if that means disclosing your identity while doing so.
Careful preparation is key to a successful whistleblower claim. Study the applicable laws and gather the information that will help you as you move forward with making your report. If you have questions, a whistleblower protection attorney is a valuable resource who may be able to help you find the answers. To learn more about whistleblower protection, call the Mississippi Whistleblower Attorneys of Barrett Law PLLC today at 1 (800) 707-9577 for an initial consultation.