Whistleblower laws are meant to protect workers from being fired in retaliation for reporting misconduct within a company.
Whistleblowing policies are regulations designed to protect employees who report illegal or inappropriate workplace conduct to the police. Because companies involved in illegal activities want to keep this information confidential, it is not uncommon to threaten, harass, or even fire someone who threatens to tip off the authorities. Regional and federal laws can be uneven in enforcing whistleblower protections, so it is important to establish whistleblower policies within individual organizations.
Legal action can be taken against people who share confidential information.
One of the most common whistleblower policies establishes the chain of command and the process for filing a report. In general, these policies explain whether a complaint should be verbal or written, to whom it should be addressed, and at what level of company management the problem should begin to be resolved. If the issue is with a direct supervisor, it may be necessary to bypass a level of authority to find someone to actually resolve the issue, but in general it is important to follow the correct steps in the policy.
Whistleblowers can use gossip to reveal sensitive information without getting caught.
A common area that whistleblower policies cover includes behavior before a report is filed. If a worker gains access to information about illegal activities or has access to workplace violations, some people may try to intimidate or threaten the potential whistleblower into ignoring the situation. In addition to creating a situation of harassment, this forces the complainant to assume the position of accomplice. Good whistleblower policies not only provide employees with a forum to clear up discrepancies, but also protect against threats before a complaint is filed. It’s important to note that not all policies provide protection in this area, which means it’s often best to report violations immediately, and thus get the most protection from whistleblower laws.
Once a complaint is filed, existing laws sometimes enforce whistleblower policies. In the United States, the Sabarnes-Oxley Act of 2002 prohibits any retaliatory action against a whistleblower. If companies fail to protect their employees from internal harassment, the company itself could be subject to lawsuits. State laws across the country may provide additional protection. Internationally, whistleblower law is often narrowly defined and may lack protection codes.
In general, companies are not required to have whistleblowing policies. When applying for a new job, it can be vitally important to ask about existing policies and read all material carefully. Many companies consider whistleblowers to protect company integrity and standards, but this is far from universal.