Wrongdoing at Your Workplace? 4 Planning Steps for a Whistleblower

Have you seen your employer break the law in some — perhaps dangerous — way? While most employers are honest and strive to follow federal and state law, others who are lured by greed or laziness ignore laws or even intentionally break them.

If you've seen something that you feel you must report to a government agency, you should take some preparatory steps. Being a whistleblower is a serious commitment, and the best results generally come when the whistleblower takes the time to get themselves and their plan in order. What should that plan look like? Here are a few key things to do.

1. Contact a Whistleblower Attorney

Those who plan to turn in a company for potential legal violations should seek the assistance of an experienced whistleblower attorney as soon as possible. They can guide you through the steps to gather the right information, notify the right parties, and present the right evidence to legal entities.

The attorney can also help protect your privacy or identity by serving as a go-between and negotiating the most beneficial results in any legal case. 

2. Learn the Rules

Simply telling someone that a company broke the law doesn't necessarily protect you from the consequences of your report. Though 'whistleblower laws' — such as the Dodd-Frank Act and the False Claims Act — as well as state laws protect against workplace retaliation, these laws have rules you must follow in order to claim that protection. Failure to understand the right way to do things could cause you trouble.

In addition, the government often offers financial incentives for people to blow the whistle on companies or employers. The reason for this incentive is twofold. First, it encourages those who may be hesitant to take on the burden of reporting the wrongdoing. Secondly, it helps compensate the whistleblower for any negative consequences that may still occur.

But, again, you must follow the rules to receive the compensation. If you report the wrongdoing to a board of directors, for example, you may forfeit the right to receive the reward when you later report it to a government agency. If you break any laws as you try to prove the illegal acts, you may also forfeit rewards. 

3. Document Everything

As soon as you discover something illegal — or likely illegal — going on, begin a record of your findings. Documentation will be key to a successful whistleblower case and the receipt of any due rewards. Avoid talking to anyone about your intention to report your findings to a government agency, but do copy or record documentation that may be helpful later. Do not take or remove property that is not yours. 

Documentation might include printing out related emails or payroll information, taking notes about things you cannot copy or statements by fellow workers, keeping a diary of actions and dates, or even taking photos of rule-breaking around you. If you record events in a diary, make sure the diary cover says “For My Lawyer” on the cover. Your attorney can help you decide what information to collect and how to do so legally and safely. 

4. Prepare Mentally and Emotionally

You may be able to maintain anonymity to some extent, but you may not. Your employer, supervisor, and coworkers may make life difficult once they know your role. You may be branded as a 'snitch' or disloyal. And you may experience some level of retaliation — from subtle jabs at your competence to job loss. 

No one can tell you if you are ready to take on these consequences. You will need to work through the emotional aspects of your role, understand what may happen, and be convinced of the rightness of your actions. You may even want to have a backup plan in place in case things get too difficult for you or your family. 

Clearly, you have a lot of work to do before you take your complaint to a government agency. And when you know the steps to take in advance, you can help ensure a better outcome for yourself and any potential victims. At  Allen D. Arnold Attorney at Law , we can help. Contact me today to get started. 

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