Factors to Consider Before Blowing the Whistle and Why You Must Consult with Whistleblower Attorney

Jul 7
18:55

2021

Harry Warren

Harry Warren

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The most experienced whistleblower attorneys at Brown, LLC are going to answer the most frequently asked questions in this article. There are many individuals with the knowledge of potential Medicare fraud, who seek answers to these following questions before they take it to government officials.

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Whistleblowing has always helped raise alarm on corporate negligence,Factors to Consider Before Blowing the Whistle and Why You Must Consult with Whistleblower Attorney Articles law-breaking safety issues, and medical malpractice. There are whistleblower laws to protect those who decide to come forward, reporting the institutionalized wrongdoers. In fact, about 42% of corporate fraud is brought to the light through whistleblowing. Why is it that employees are often reluctant to speak out when they witness misconduct within the organization? Is it because people are scared to be labelled the ‘work snitch?’

Reasons why most employees, who are witnessing the misconduct, are reluctant to blow the whistle –

  • About 33% of employees who raised alarm on the misconduct at work are dismissed
  • 37% of employees choose to deny there was any misconduct at their workplace
  • Merely 10% of cases get resolved by employers

The reports of whistleblowers being dismissed for reporting on office misconducts are pressing. Not so long ago, one airline employee sued her employer for religious discrimination which further brought an action against the airline after the employee accused them of penalizing her for letting her voice be heard. Fortunately, whistleblowers have legal protection. Employees must not be treated unfairly or terminated because they blow the whistle on wrongdoing. However, there are a few important factors that must be taken into account before blowing the whistle. Here they are –

Make sure your case is a valid one

Whistleblowing is only intended for reporting regulatory breaches, offenses, health/safety breaches, and cover-ups. In case you are going to report either of the above, you will get legal protection. Anything else will be dismissed. If you think that it is now too late to report on wrongdoing, understand that you can raise the alarm any time you want, whether the misconduct happened in the past or still happening and you will believe that it will keep happening in the future as well – reporting it right away. Your rights will be protected.

Make sure you are reporting a ‘reportable’ concern

Your employer’s whistleblowing mediums must not be used as a vent to make false reports or air grievances. If you are seeking to complain about any of your colleagues or manager, the pressure of work, or a third party, all these issues are covered by the grievance procedures, which means these concerns are not valid to blow the whistle for. Eventually, whistleblowing law does not cover personal grievances, unless the specific case is in the public interest.

Check for approved channels

Your employer handbook must tell you how you can report any misconduct and to whom. In most cases, your first call will be to your manager, however, you might as well be encouraged to take the matter to the HR, Legal, Senior Management, the Board, or Compliance, using whistleblowing helpline, email, or independent third party. Do not go straight to the Media or put the matter online, because that will only undermine its severity and may also reduce the chance of furthering reporting it to the higher authority in government offices.

Do not forget that you are a witness, and not an investigator

You are not supposed to collect inconclusive evidence of the misconduct. You have been merely an observer and witness, thus do not delay because you need to pick up extra supporting evidence. You might just tip off the wrongdoers and spoil the entire investigation.

You can always escalate the concerns to others if required

If you are not believed and if no action is being taken and if lives are at risk, you can escalate your concerns to the CEO, regulator, the police, and even sometimes to the Media.

Whistleblower law protects you only when your concerns are in the public interest. Consult with the best whistleblower attorney in town, such as Brown, LLC and discuss your situation. They will know better how and/or if you should blow the whistle.

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