Whistleblowing is in the news a lot these days, but it doesn't only
affect government officials. If an employee believes a co-worker or
supervisor is doing something that is against company policy, what is
the first step he or she should take to remedy the situation without
putting his or her own job at risk?
When I put this question out there to my universe of experts, I got a
lot of responses. The general consensus: While whistleblower
protections exists, proceed with caution.
"Virtually every
financial regulation, labor and anti-discrimination law provide a clause
that prohibits retaliation against an employee for bringing an issue to
light," says Laura Handrick, a careers and workplace analyst with FitSmallBusiness.com
who has worked in the human resources and business strategy spaces for
Fortune 100 companies. "Despite this, however, losing annual income is a
considerable disincentive for employees to take on the whistleblower
role. So most employees either stay silent or minimize the problem to
protect their job and future career opportunities. Beyond this, many
realize that if they're retaliated against, they will have to file a
lawsuit to recover damages, making whistleblowing all the more
hazardous."
That doesn't mean staying mum is the best option. Here
are some tips for anyone thinking about blowing the whistle on a
co-worker or boss:
Make sure what you want to report is actually fraudulent, illegal or wrong.
That advice comes from Miami-based attorney Miguel A. Suro. "For
example, someone in the private sector can usually accept gifts from
clients, but it can be considered bribery in government," explains Suro,
who also suggests consulting an attorney early in the process if you
decide to proceed.
Review your company's employee handbook. Take
this step "to determine if there is a procedure for the filing of
workplace grievances or complaints," Kamran Shahabi, managing partner of
Valiant Law in Ontario, California, suggests.
Consider taking your concern to an internal team member. According
to Handrick, this is a better step -- at least at first -- than
contacting a news outlet or filing a complaint with a labor board. "At
some companies, there's an option to share feedback anonymously, while
at others, the issue can be reported to the Human Resources team or to
an ombudsman," she says. "This tactic ensures that all customer and
employee complaints have a voice."
As ethicist Steven Mintz (stevenmintzethics.com),
author of "Beyond Happiness and Meaning: Transforming Your Life Through
Ethical Behavior," points out, these kinds of internal sources "have
the authority to investigate alleged wrongdoing in an independent
manner." It is also a way to protect the whistle-blower "because
anonymity can be guaranteed, at least at the early stages of the
investigation."
Ultimately, internal sources "can make a
determination about whether the complaint should become public because
it is credible. At this stage, the whistle-blower should be protected by
law," Mintz says.
If you've decided to bring the situation to
your employer's attention, Shahabi suggests taking the following steps
to make sure you're protected:
File a written workplace complaint.
You should do this via email or letter and save a copy of all
communication. Also request that the information be kept confidential
and private to prevent retaliation from the co-worker and/or supervisor.
Request a follow-up call or meeting. Do
this after one or two weeks to determine if the company has started an
investigation or taken any steps to remedy the issue. Also document and
save your communication in this regard.
"Be aware and cognizant of
the treatment you receive after your notice to the employer because you
may be retaliated against in various forms, including a change in
schedule, unfavorable treatment, unmerited or exaggerated write-ups, and
even termination," Shahabi says. "And, if that occurs, you should
certainly likewise document the retaliation and lodge a further
complaint with the employer and also seek out an attorney for further
advice depending on the specific issues faced."
If you aren't
confident your employer will listen to your concerns, Handrick says it's
best to document the issue in one of a few ways:
*Document in writing what happened and when.
If possible, video, audiotape or photograph the issue.
Identify collaborating individuals who witnessed the problem or could be called upon to testify to the validity of the issue, should your case go to court.
Also
make sure you follow the company process and review your employee
handbook, Handrick says. "There may be a requirement to report all
problems to a designated person. If the employer fires you, he/she may
claim it's due to failure to follow company policy, not retaliation."
