Whistleblowers are motivated by a desire to do the right thing. Unfortunately, as often happens in many situations where people take care to do the right thing, whistleblowers do not always receive the proper treatment in return. Would-be whistleblowers must be aware that blowing the whistle is a good course of action that may carry harsh consequences, and that protection under whistleblower protection laws is not guaranteed.
There are a variety of whistleblower protection laws that cover diverse populations of employees at a variety of types of organizations. Unfortunately, there are some employees in some organizations whose whistleblowing in specific circumstances or in a particular way is not covered by a whistleblower protection law. Because of this, the collective effect of whistleblower protection laws and policies is like an umbrella with a few holes in it.
A whistleblower protection attorney could be able to help you avoid some of the pitfalls that could exclude you from protection under whistleblower protection laws, but sometimes the damage has already been done before the whistleblower sets foot in the lawyer’s office. For example, a whistleblower who didn’t follow their organization’s policy for reporting misconduct might not be able to obtain protection under the laws that protect whistleblowers. Likewise, if a grievance regarding termination or retaliation is not filed with the proper party within a particular time frame, the person filing the claim may be unable to access protection as a whistleblower. Sometimes, a whistleblower may think they have a choice of several different laws under which they can report misconduct. Unfortunately, choosing to pursue a matter under one law often excludes you from being able to go about it another way. What’s more, if you decide to pursue a matter under an incorrect statute, you could end up without a valid case.
Before you blow the whistle, check yourself to be sure that your attitude and or your actions won’t get you disqualified from protection under whistleblower laws. Good faith is usually a requirement for obtaining protection. If anyone can cast doubt on whether your motivation for exposing the misconduct was anything but pure, you could be without protection. Likewise, if you did anything wrong along the way to exposing the wrongdoing, even something seemingly innocuous like copying documents, your conduct could exclude you from protection as a whistleblower under the doctrine of “unclean hands.”
Another reason that you may be unable to obtain protection under whistleblower laws is that you are unable to connect the retaliation to your whistleblowing or your employer is able to make a persuasive argument that there was some other reason for what you experienced, such a poor job performance.
Legal technicalities, loopholes, and other exclusionary principles are, unfortunately, common in whistleblower cases. A Mississippi whistleblower protection attorney may be able to assist you in avoiding those pitfalls and prevail in your claim. To learn more about whistleblower laws and whistleblower protection claims, call the Mississippi Whistleblower Attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to set up an initial consultation.