Question

Describe checks an balance scenario that allows for whistleblowing and prevents retaliation to the informant?

Answer 1

Retaliation is defined as a direct or indirect adverse administrative decision or action that is threatened, recommended or taken against an individual who has reported suspected wrongdoing that implies a significant risk to organization. There are laws to protect whistleblower, however below checks that a whistleblower should keep in mind to prevent retaliation:

1. Learn the Basics of the Whistleblowing Law - It takes few sessions to become familiar with the government’s relevant whistleblower program. It helps to understand the rights and policies associated with the action of whistle blowing.
2. Review Employment Agreements - In the terms of confidentiality agreements and other employment contracts, you may have waived certain rights to bring lawsuits or promised not to disparage your employer or former employer.
3. Don’t Break the Law - If you are a whistleblower, you are blowing the whistle on the corporate law breakers. You don’t want to be caught breaking the law while whistleblowing.
4. Don’t wait for other’s responses – Relaying or waiting for others can cause harm in many ways. You might have the best case in the world – worth tens of millions to the government and millions to you. But if you don’t file it on time, it could be worth nothing.
5. The Law on Evidence Collection - Persons generally don’t want to blow the whistle if they don’t have the evidence to make claim. In order to prevent any strong retaliation, whistleblower should document all the important evidences before action.
6. Don't use organization’s whistleblowing channels – A whistleblower shouldn’t use company’s sources to whitsleblow as these can alert the employer because these channels work under their control.
7. Don’t Take Legal Advice from a Corporate Compliance Officer - Compliance officers and hotline investigators work for the company – they do not work for the employees. In order to prevent retaliation from employer, informant should avoid these channels.
8. Evaluate Your Financial Condition - If person is dependent on income from your employer (who you would like to report), it may be best to consider whether there are other people who are available to report this misconduct and whether it is the right to time for you to report.
9. Review Anti-Retaliation Laws – Before raising your concern, please ensure that your action comes under a law that protects you from termination due to whistleblowing.