A basic blueprint for whistleblowing: rights, protections, and what to do
Whistleblowers have changed history. Just think of the early 1970s Watergate scandal which was exposed by whistleblower “Deep Throat”, ultimately leading to the resignation of President Richard Nixon.
Most whistleblowers are people trying to do the right thing. “They tend to be people with a strong moral foundation who are trying to make sure that their company or employer is also doing the right thing: abiding by the law, you know, acting in the right way, acting ethically and lawfully,” says Adriaen Morse, a Partner of SECIL Law and Partner in the Washington, D.C., office of Arnall Golden Gregory LLP
Whistleblowing has many nuances. Nothing is one size fits all. That said, here’s a basic playbook to follow if you’re thinking about becoming a whistleblower:
First, contact an attorney before you do anything else. If you suspect wrongdoing at your company or organization, do not self-report internally. You may believe in your company and you may believe everyone’s trying to do the right thing. Ask yourself this: If there’s a large-scale fraud going on, do you really think it’s accidental? Reporting wrongdoing internally may do nothing more than make you a target for retaliation. Nine times out of ten you get screwed for doing that.
Two, understand anti-retaliation protections. When you would come under the shield of whistleblower protection statutes is based on the type of suspected wrongdoing you are reporting. Be careful. Legal protections attach at different times based on what you’re reporting. “Without a proper decision-making process, rushing to one's employer, or running to talk about what they've seen or whatnot, can cause very bad results,” says Cory C. Kirchert, a member of SECIL Law and Of Counsel in the Washington, D.C., office of Arnall Golden Gregory LLP. “So I've seen situations where the whistleblower has brought the right information to the wrong people, and the wrong information to the right people.”
Three, understand how to qualify for rewards. U.S. government agencies regularly report multi-million dollar rewards to whistleblowers. But other would-be whistleblowers get nothing because they didn’t strictly follow the regulations or meet the requirements that govern how and when whistleblowers are rewarded.
Four, it’s better to put in a tip sooner rather than later. Report as fast as practicable. Some cases have to be prepared in depth, so they take longer.
“Bringing a successful whistleblower case can be complicated. Helping whistleblowers navigate the process, remain protected and receive the financial rewards they are entitled to under the law is why we were founded,” says Scott Williams, CEO of Ethic Alliance. “While the process may be complicated, a large network of smart, driven, experienced professionals have built their careers around helping whistleblowers succeed. Ethic Alliance brings whistleblowers legal protection, guidance and connection to the right professionals to help them, at no cost to the whistleblower. We only make money if the whistleblowers we work with receive financial rewards from the government.”
Contact Ethic Alliance at info@ethicalliance.com