Being a whistleblower is scary enough—it can be terrifying to become aware of fraud, especially when you are reporting fraud by your coworkers or those within your corporation. Choosing to expose that misconduct and to become a whistleblower means risking your livelihood, friendship with colleagues, and financial security. Once you become a whistleblower and an investigation into the fraud commences, there is a serious chance that you will feel the wrath of those you have exposed. Loss of employment, punitive or disciplinary action, and defamation are just some of the forms of retaliation that whistleblowers sometimes experience. Unfortunately, clients often come to me asking if they can be an “anonymous” whistleblower. In the short term, the answer may be yes. However, if your matter goes to investigation and prosecution, your employer will eventually know your identity.
It looks like times are getting even tougher for whistleblowers. A recent Wall Street Journal report based on a survey by the Ethics & Compliance Initiative indicates that retaliation against whistleblowers is rising, and the increase is dramatic. Since 2013, the rate of whistleblowers reporting misconduct has increased 5%; however, the rate of retaliation against whistleblowers doubled, or rose by 100%, in that same time.
As employees know, a company can have prohibitions and policies against retaliation, but they may have little or no effect unless the company’s leadership supports an ethical culture where those policies are taken seriously and enforced. Without that enforcement, retaliation can go on either subtle or explicit ways, which has a chilling effect on other employees’ future reporting. When employees see unethical behavior go unpunished or, worse, rewarded, the company is communicating that its policies are simply “lip service” to appease auditors and ethics watchdogs. Other employees witness the negative ramifications of whistleblowing and learn to keep their head down and mouth shut. Over time, this process repeats itself and the company’s culture of ethics erodes dramatically.
While there is plenty of troubling news in the Ethics & Compliance Initiative report, the news was not all bad. It also reported that there are some companies that are “creating cultures their employees think are strong and grounded in good values. About 21% said they work at a company with a strong culture, up from 18% in 2013.” Thus, approximately one fifth of employees feel that they are working for a company that takes ethics seriously. That is still far too low, but may be a glimmer of hope.
What Should You Do if You are Considering a Whistleblower Claim?
Do you have knowledge of fraud or other serious financial misconduct occurring in the context of your employment? Are you considering filing a whistleblower case? To protect your career and family and to attain your compensation, you will require the help of an experienced whistleblower attorney. First, you need confidential advice regarding whether the conduct you have observed constitutes fraud and whether you are in a position to receive compensation based on a whistleblower tip. Evidence gathering, dealing with the federal government’s attorneys, important deadlines, and filing requirements make your representation both complex and time-sensitive. Because whistleblower programs receive thousands of tips each year, they can only act on a small percentage. If you are going to risk your career, you want to make your work count.
Call Barrett Law now at (800) 707-9577 if you think you may be a whistleblower.
Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower judgment and losing your career and livelihood. Call our seasoned Mississippi Whistleblower Lawyer today to learn more about how he can make a difference for you.
