Whistle-blowing and Your Career

Keeping your career on track and "whistle-blowing" are, unfortunately, two mutually exclusive events in the career of most whistle-blowers. Any employee contemplating taking steps that would constitute making a report that would be taken as whistle-blowing had best be prepared.

Here is some basic but vital information about whistle-blowing.

Definition - What is a Whistle-blower

A whistle-blower is an employee, current or past, or member of any organization, business or government agency, who reports misconduct or illegal deeds. These reports are made to persons or entities that have the power and presumed willingness to take corrective action. Generally the reported misconduct falls into one of the following categories.

• The violation of a law.
• The breaking of a rule, or regulation.
• A direct threat to public interest due to activities such as fraud, environmental or health/safety violations, or clear evidence of corruption.

Most whistle blowing cases are based on relatively minor misconduct. The most common type of whistle-blowers are internal. Internal whistle-blowers report misconduct to another employee or superior within their company, agency or organization. External whistle-blowers report misconduct to outside persons or entities. In some cases, depending on severity and nature of the perceived offense, a whistle-blower may report the misconduct to lawyers, the media, law enforcement or watchdog agencies. Reporting can also be done via other governmental agencies.

Reporting by Federal Government Employees

Under most U.S. federal whistle-blower statutes, in order to be considered a whistle-blower, the federal employee must reasonably believe his or her employer has committed a violation of some law, rule or regulation. In addition the employee must testify or commence a legal proceeding concerning the legally protected matter. Another method of becoming a whistle-blower is to refuse to violate the law, rule or regulation in question.

If the offense being reported is specifically prohibited by law or is specifically required by executive order to be kept secret in the interest of national defense, the reporting by a whistle-blower might be considered to be treason. In the United States, as of March 2008 there are not any cases in which the whistle-blower has been tried for "treason" and it is not treasonous to blow the whistle on illegal conduct by government officials. A whistle blower may also report activities that are treasonous. However, the fact is, a whistle-blower dealing with a matter of national security who also claims they have suffered retaliation likely will see their lawsuit stifled or denied because to allow litigation would compromise national security.

Under U.S. federal law many courts have not made a distinction between "internal" and "external" whistle-blowing. Where reporting concerns environmental issues, the federal courts have held that protecting "internal" whistle blowing is and should be considered to be a matter of wise public policy. This is because whistle-blower statutes are intended to encourage the free flow of information to prevent violations. Some decisions on "internal" reporting have decided that reporting promotes resolving problems at the earliest possible stage. Discouraging "internal" reporting can have negative consequences for companies, individuals and the public in general. Reporting by Quality Control or Auditor Personnel

Employees of any organization who's job is as internal auditor or quality control may generally not find their reports to be considered as whistle blowing as they are primarily just doing their job. If however their reports are submitted in the due process of their position and those reports of offenses are ignored by their employer the reporting may be considered whistle-blowing. Where such reports involve environmental or public safety issues the reporting may also be considered as having done a valuable public service performed by whistle-blowing. U.S. courts have uniformly held that persons who hold quality control or auditor positions are protected from retaliation for reporting violations of law or regulations. Origins of the term "Whistle-blower"

The term whistle-blower derives from the practice of English bobbies who would blow their whistle when they noticed the commission of a crime. The blowing of the whistle would alert both law enforcement officers and the general public of danger. Protection of Whistle-blowers

There is a wide range of legal protections for whistle-blowers. Being aware of these protections is vital to most whistle-blowers as they are a maze of State and Federal laws that usually require an attorney to interpret.

In short, before you make a report protect yourself by following these guidelines.

* Be sure you have investigated the possible problem area as quietly but thoroughly as possible. It is imperative that you document all findings as completely as possible.

* Be sure you are aware of statute of limitations on reporting of violations and what the possible consequences, usually mostly negative, can be to your own life and career.

* Determine the point where the report will be made. Make the report in as low profile manner as possible.

* Be prepared for the consequences that may include loss of your job. Be aware that it is also possible that you may receive a significant sum of money as a result of your report. This is a primary part of whistle-blower protections for Qui Tam ( Whistle-blower ) reporters..

Good luck!