Whistleblower Policy

There are state and federal policies and laws that pertain to whistleblower policy. They have been put in place to protect the whistleblower from losing their job as well as providing protection against any retaliation by the employer or organization. There are things to think about that can make the consideration of becoming a whistleblower a difficult one.

Whistleblower Decisions

The whistleblower has to decide if they want to keep their complaint within the company or take it outside of the company. There are certain factors that could affect this decision, such as the type of infraction that is occurring, the kind of organization it is, as well as the industry they are in. The whistleblower will also have to consider the impact of the misconduct on society and how harmful it might be to the public in general. This is when a person should consider consulting a firm that has experience in whistleblower policy that can give them advice as to which course of action may be the best to consider. It is important that the firm is able to help the individual understand the whistleblower procedures and policies.

Whistleblower Compensation

Misconduct and fraud by organizations and companies costs billions of government dollars every year. The reporting of any government or employer misconduct can result in compensation for the whistleblower as well as saving others from having to deal with these inappropriate actions in the future. Billions of dollars have been awarded to whistleblowers over the years, which is why if someone witnesses an act of misconduct or fraud they should consider reporting the incident as soon as possible. This can lead to stress and a feeling of becoming overwhelmed by the whistleblower, which is why it is important to find representation that can handle all aspects of the case.

A whistleblower can receive anywhere from 15 to 25 percent of the settlement amount should a company be found guilty of fraud due to their intervention and reporting of the incidents.

Examples of Fraud and Misconduct

Incidents that could be reported include environmental hazards, unsafe working conditions, or a general wrongdoing by an employer or organization. This is why a whistleblower policy has been put in place, as it stresses the point that any harassment or retaliation against any whistleblower will not be tolerated. A big part of these policies is the Sarbanes-Oxley Whistleblower Act which was established in 2002. Due to accounting scandals being uncovered involving companies such as Enron, Tyco, and WorldCom, this act was put into place to protect anyone who would come forth with any information regarding the scandals. By virtue of the act, whistleblowers will be entitled to compensatory damages, back pay and benefits, employment reinstatement, and more.

Legal Representation

While there is protection for whistleblowers, the proper protection may not be afforded to the individual depending on the company and who might be involved in the misconduct. This is why it is important to seek legal counsel from a qualified whistleblower policy attorney. Because laws and policies could vary by state, it is important to consult with an experienced attorney about any whistleblower policies and procedures that apply to your location prior to taking any action on your own.