It takes courage to report actions that are illegal or unethical, and doing so can have big personal and professional effects. In the US, there are many rules that protect whistleblowers from retaliation and, in some cases, offer financial incentives for reporting misconduct.
The Occupational Safety and Health Administration (OSHA) received 3,243 whistleblower complaints in Fiscal Year 2023, marking an increase from 2,815 in FY 2022.
Whistleblowers can be employees, contractors, or even customers who observe misconduct such as financial fraud, safety violations, discrimination, or environmental hazards. In the workplace, employers are prohibited from retaliating against employees who file complaints for harassment or discrimination.
Retaliation for an employee’s refusal to participate in an illegal activity is also against the law, says Orange County whistleblower attorney Corbett H. Williams, Esq. If you suspect workplace misconduct but are overwhelmed by the process’s complexity and risk, you should contact a whistleblower attorney.
This article will go over the basics of whistleblowing and the situations that may prompt you to seek legal counsel.
Understanding Whistleblower Protections
Before filing a workplace misconduct case, it’s important to know the legal framework that protects whistleblowers.
Whistleblower laws exist to prevent employers from taking retaliatory action against their employees. These laws can be enforced for any adverse action, such as termination, demotion, or harassment, usually followed by a whistleblower report.
Documenting all malpractice and communicating internally will strengthen your case. State and federal legislation like the Whistleblower Protection Act allows silent reporting, providing protections for workers who report illicit or unsafe company practices.
Understanding whistleblower laws will help you avoid being intimidated by your employers. A legal assistant can offer basic assistance, while a whistleblower lawyer can provide specialized advice that caters to the specifics of your situation.
Recognizing Signs of Wrongdoing
Spotting signs of company negligence and wrongdoings can be challenging.
Look for any unusual behavior or pattern, such as employees evading topics or convening over confidential matters. If you notice any discrepancies in the financial statements, loss of documents, or violations of company policies, document them properly and keep them in a safe and accessible location.
Always watch for signs of retaliation toward the employees who raised concerns, as it may indicate a toxic work environment. Keep an eye out for unethical or secretive projects or decisions.
If you come across any doubt about the workplace’s integrity, lean on your intuition. If you have to deal with similar problems in the future, meticulous recording and documentation will make things easier.
Evaluating the Risks of Speaking Out
Think about the risks before speaking up, as it could affect your current and future jobs. Speaking up for oneself may lead to harm, such as negative treatment or dismissal, which could affect your finances and health.
Evaluate how these choices may affect your relationships with coworkers and your emotional state. Another thing to look into is the strength of the evidence against your employer. Presenting weak evidence will ruin your case and expose you more to other risks.
Assessing the relevance of the wrongdoings in relation to the potential consequences may provide an objective view of the challenges that await your decision. Your safety and well-being must always come first, no matter what you base your decisions on.
The Importance of Legal Guidance
Once you have assessed all of the risks and decided to go ahead with whistleblowing, the best course of action will be to seek legal counsel.
You must understand the protections and legal rights that come with being a whistleblower. Having an attorney by your side will help you interpret the complicated laws associated with whistleblowing, preventing you from committing unnecessary mistakes that could jeopardize your case.
A whistleblower lawyer will evaluate your specific circumstances and then advise you on the best approach for your case. If your employer acts against you, your lawyer will prepare you to fight back.
Having an attorney can give you the confidence to come forward and report a company’s illegal activities, which may have a significant impact on the course and outcome of the trial.
Steps to Take Before Contacting a Lawyer
Before meeting a lawyer, weigh the pros and cons of speaking out.
Document everything related to your concerns, such as dates, names, events, and relevant evidence, to help your lawyer establish a solid case.
Research the law accordingly so that you have a basic understanding of the subject matter during your meeting with the whistleblower lawyer.
Think about how your decision might affect you personally and professionally. Create a list of questions for the lawyer, focusing on their experience and how they can assist you.
Decide whether you want to remain anonymous or reveal your identity. You can always consult with your lawyer to help you prepare for the consequences of whistleblowing.