You may have discovered illegal activity or a huge danger to public safety, and you need to speak up. This is known as whistleblowing. Taking this step is important to hold your employer accountable and to keep everyone safe. However, there are risks of making this move, and speaking with an attorney first is encouraged to fully understand the protections and vulnerabilities you may have under the law.
Rubin Law Corporation offers comprehensive legal representation and guidance for whistleblowers. With a legal team adept at navigating the many intricacies of employment law and whistleblower protection laws, you’ll have an ally. In this blog post, we aim to inform employees about the risks of being a whistleblower and how to protect themselves from potential fallout.
Definition of Whistleblowing
Whistleblowing is when an employee or ex-employee discloses information about unethical practices, fraud, or other illegal behaviors within an organization. It takes a great deal of courage as whistleblowers open themselves up to risks of retaliation, though they are protected under a variety of laws.
You may have noticed your company violated a law, seen gross mismanagement or waste of funds, or there could be a massive danger to public health and safety involved. When you report it, you’re uncovering wrongdoing and defending the world from misconduct and corruption.
Many whistleblower laws offer a financial reward for original information that leads to successful enforcement actions, usually as a percentage. While it is nice to receive money for providing information, there are many risks involved with reporting your employer. It’s important to fully understand what you are up against before you take action.
Legal Protections
There are many laws that serve to protect whistleblowers, and depending on your sector, some may be relevant or not.
Protections for Federal Employees
There are several laws that are designed to protect federal employees. The Whistleblower Protection Act (WPA) protects most federal civil service employees from acts of retaliation for reporting fraud, waste, and abuse in government agencies. Along with the WPA, the Inspector General Act of 1978 protects your identity unless you consent to disclosure. If you are a federal employee with vital information, the Office of Special Counsel (OSC) will investigate retaliation claims and can administer disciplinary action on your behalf.
Protections for Employees in the Private Sector
If you work in the private sector, the Occupational Safety and Health Act (OSH Act), Section 11(c) protects you as well as USPS employees from retaliation for reporting unsafe working conditions. The Dodd-Frank Act also provides protections for reports of fraud amid securities and commodities, protecting whistleblowers from retaliatory practices. Other protections, such as those provided by the Consumer Product Safety Improvement Act, can also prohibit retaliation against employees who report violations of safety laws.
Laws Related to Fraud and Finance
The False Claims Act (FCA) allows you to sue on behalf of the government for fraud against federal agencies while safeguarding you from retaliation. The IRS Whistleblower Law gives monetary rewards to whistleblowers who provide information about an organization’s significant tax fraud.
General Protections for Whistleblowers
In general, whistleblowers are protected from retaliation in the form of firing, demotion, threats, harassment, suspension, or discrimination. Depending on which laws apply in your case, you may be able to get reinstated, receive double your back pay and front pay, be awarded damages, and even have your attorney fees reimbursed. If you believe you have been wrongfully retaliated against, you can also file your own private lawsuit to hold the responsible entity accountable.
Risks of Whistleblowing
Whistleblowing is the right thing to do, though it carries big risks. You should be aware of what the risks may entail.
Retaliation in the Workplace
Exposing your company could mean that you are demoted or even reassigned to a less desirable position. You may also be terminated, or your supervisor may issue negative evaluations that are completely baseless. Your work environment could become hostile, and even coworkers who think you did the right thing may avoid you to avoid the fallout. While you are protected from retaliation under the law, it can be difficult to navigate the workplace if it is known that you were the one who put the illegal activity in the spotlight.
Emotional and Psychological Impact
The stress and anxiety that comes from whistleblowing is bound to permeate other areas of your life. When everyone at work ostracizes you, you may experience depression from feeling isolated. In very toxic organizations, you may be intimidated and threatened, which can further diminish your mental health.
Whistleblowers often feel the weight of these things in their personal lives. As they try to keep things under wraps, the chronic stress they experience may keep them up at night and cause other physical health issues.
Potential for Legal Battles
When an employer retaliates, you certainly have a case, though it can be long and difficult, which may further affect your emotions. Since it’s also difficult to prove that an adverse action, such as being terminated from your position, was directly the result of your whistleblowing, you need to arm yourself with legal representation. There are laws to protect you, but they are not comprehensive. Speaking with an attorney before you take action is the best way to get ready for what lies ahead.
Impact on Future Employment Opportunities
Even though speaking up about illegal, unethical, or dangerous safety violations is the right thing to do, it can disrupt your career. If you are demoted or terminated, it can put a blemish on your professional path and cost you income and benefits. You may be accused of being disloyal for standing up or called disgruntled as the organization tries to discredit your revelation. As word gets around, it could harm your reputation.
Those who need licensure to work in their professions may also lose their licenses, which could hinder future employment. You could be forced to work in an entirely different field.
Strategies to Mitigate Whistleblower Risks
To be fair, there are big risks for whistleblowing, even though there are ways to protect yourself. Before you take any action, make sure you speak to an attorney who has experience in whistleblower laws. Obtaining legal protection is the best way to understand and protect your rights. In fact, through attorney-client privilege, you may be able to stay completely anonymous and avoid potential problems.
With an attorney, you will have someone to explain the protections of the laws in your jurisdiction. You’ll not only learn which of these laws can protect you in your specific case but also what you are entitled to receive for retaliation against whistleblowing, such as reinstatement of your position, back pay, and a variety of other damages.
Once you speak to an attorney, you will know what can serve as evidence. Keep detailed records of all relevant information, but do not keep original hard copies, as they may belong to the company. Don’t say anything to any other coworker about it either. Some may be on your side, but, depending on how deep the corruption runs, they may blow your cover and take steps to make you look like a liar.
When you get to officially report the illegal or unethical activity, make sure you use your own personal devices. Never use your work computer or phone to make the report. Again, your lawyer will tell you every step you should take to protect yourself as a whistleblower.
Knowing your employer’s policies is also ideal, and you should read through your organization’s handbook. It should have a section on internal processes, along with your rights and obligations. If you’re not sure about the lingo used, bring this handbook to your attorney and let them review it.
You should never post online about what you know, even though it can be a relief to speak to someone about it. While it’s not good to discuss the issue with many people, talking to your spouse may help. To ensure it never gets out to the wrong people, try to keep the details strictly between you and your attorney, who is obligated to keep everything confidential.
Role of Legal Counsel to Curb Whistleblower Dangers
It is imperative that you consult with a whistleblower lawyer to help navigate this complex legal problem. With an attorney, you will have someone actively working to protect your legal rights and safeguard you against retaliation. They will be your guide to help you find the best way to report, gather strong evidence correctly, and provide confidentiality through the attorney-client relationship.
Rubin Law Corporation is here for you when you are facing the daunting task of exposing your employer for their illegal or unethical behaviors. Before you take another step, you should consult with a Los Angeles whistleblower lawyer from our law firm to have a full understanding of what protections you may have, compensation you may receive, and how you may be able to stay anonymous through it all.