Steps a whistleblower should take before coming forward or leaving their organization
Whistleblowers help preserve the integrity of our culture and society. Individuals who observe people or organizations engaging in activities that are illegal, immoral, unethical or harmful often feel ethically compelled to expose these activities.
But before you come forward, here are some important things to do:
Consider your motivation. Whistleblowing means exposing a significant fraud or wrongdoing that’s illegal and/or harmful to a major organization or group of people. The harm or danger must be relevant to the greater public. If you make a complaint that is untrue, insignificant (as judged by third parties), unprovable, or motivated only by personal grievance, it will not be of interest to government investigators.
Gather the facts. When you report your whistleblowing claim, you will be asked by investigators to provide facts: names of people involved; dates of the alleged wrongdoing; the location where it happened; and documents, emails and other information substantiating and validating your claim. It’s critical to gather this information. It must be original, credible and timely. You must be the first to report suspected wrongdoing (claims cannot be based on information reported in the media or previously exposed in public.)
Understand the law. Whistleblowers are protected by various federal, state and corporate laws and regulations. If you are thinking about blowing the whistle on an organization or an individual employed by an organization, find out if that organization has a whistleblower policy. If so, obtain a copy and familiarize yourself with it. Also check to see if the organization is regulated by federal or state government that might have a whistleblower policy. Claims also may be governed by statutes of limitation.
Keep quiet. Don’t tell anyone other than your legal counsel about the allegations you would make in your whistleblowing report. Avoid using an organization’s whistleblowing hotline. Don’t tell attorneys working for an organization about your allegations against that organization. In fact, 75% of whistleblowers first tried to report their allegations through their organizations, but the organization took no action. In the most unfortunate cases, especially those where management is complicit in the wrongful conduct, reporting first through your organization communicates that you are aware of the wrongdoing and gives the organization time to take action against you before you are ready.
Protect yourself. Whistleblowers often face retaliation and legal action. Testifying before Congress in 2021, Facebook whistleblower Frances Haugen said, “I came forward at great personal risk.” Ethic Alliance recommends that you never use computers, email or phones provided by the organization you are blowing the whistle on. Always use personal devices that are not connected to organization networks. If you gather documents, don’t take or share documents from an organization which you have no legal right to access. See Ethic Alliance’s best practices here.
Pick the right legal team. Nothing is more important to the success of a whistleblower claim than the legal team behind it. You want a team with a great deal of experience and expertise in whistleblower law and your specific type of claim working for you. And because prosecuting a claim can take significant time, you want a team you like and trust. Finding the right legal team for your case can be difficult, and that’s one of the core services that Ethic Alliance provides through its network of specialist attorney partners.
Decide about confidentiality. The best protection against retaliation is to keep your identity secret. But some whistleblowers ultimately choose to go public. In 2021, for example, former Facebook product manager Frances Haugen confidentially revealed thousands of Facebook internal documents that allegedly show Facebook’s products harm children. Haugen chose later to go public in an appearance on “60 Minutes.” Ethic Alliance allows whistleblowers to file reports without revealing their identity.
Becoming a whistleblower could be one of the most important and significant acts of your life. Ethic Alliance can assist and guide you through the entire process.
Contact Ethic Alliance at info@ethicalliance.com
Related links: https://www.youtube.com/watch?v=GOnpVQnv5Cw ; Quote here at 41:03 https://www.youtube.com/watch?v=GOnpVQnv5Cw