How to protect yourself as a whistleblower
Legal protections are available to whistleblowers, but taking practical steps to protect yourself until you are ready to come forward is just as important.
It’s key to maintain your anonymity until you are ready to act. Consider these two points:
a. Don’t use any device connected to a corporate network, nor any company issued device or email. Learn more here: https://ethicalliance.com/how-to-protect-yourself
b. Numerous legal protections are available, but the type of protection and timing of legal protection attaching vary based on the applicable law or statute.
It is vital to consult with an attorney that has substantial experience working with whistleblowers in your field. Here are four points to understand:
a. You need to know if the actions you are concerned about are illegal. An attorney can help.
b. Working through an attorney further protects your anonymity.
c. We recommend consulting an attorney even before filing an internal report with your company. If the person or entity knows the actions are illegal, they can act against you both before you are ready to proceed and potentially before protection under the law, including protection against retaliation attaches.
d. Whistleblower claims can cover a huge variety of areas, and attorneys often specialize in one specific type of claim. It can be difficult for a whistleblower to determine who the right attorney to work with is.
“Working with Ethic Alliance provides both anonymity and legal protection from the moment a confidential report is filed with us, along with access to a network of specialty attorneys that are experts in your type of case,” said Ethic Alliance CEO Scott Williams. “There is no cost to working with us, we only make money if you receive a government reward, and filing a report with us in no way restricts your rights to choose your own counsel.”
The biggest mistake a whistleblower can make is trying to handle the issue on their own, says Adriaen M. Morse Jr., a Partner of SECIL Law and Partner in the Washington, D.C., office of Arnall Golden Gregory LLP.
“Without knowing what laws and regulations really apply to the conduct, you can end up reporting something that isn't actually illegal,” he says. The perceived wrongdoing may not be the best way of handling something, but it also may not be a crime or regulatory violation. If a whistleblower reveals their hand, so to speak, they “may get in trouble for something that really turns out not to be a violation in the first place.”
Another thing that creates problems for whistleblowers is to start stealing a company or organization’s papers or documents, says Cory C. Kirchert, a member of SECIL Law and Of Counsel in the Washington, D.C., office of Arnall Golden Gregory LLP. “I don't recommend that. Because the information that leads to the theory can be by itself sufficient. You know, what you see is the best evidence there is, perhaps. But that doesn't mean you need to bring the documents with you.”
Contact Ethic Alliance at info@ethicalliance.com
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