Workers sometimes find themselves in a difficult position wherein they are aware of a company’s misconduct and must take legal action. People who learn about fraudulent billing practices, employment law violations and other inappropriate employer conduct may decide to act as whistleblowers.
They may report their concerns within the company or may notify regulatory authorities about the workplace issues they observe. Technically, whistleblowers have protection from retaliation under state and federal law, but employers willing to violate some laws may also knowingly violate whistleblower protection regulations.
How can whistleblowers protect themselves?
Maintain private documentation
To validate that an employee is a whistleblower, the worker must have proof of the issue that they reported, especially if they intend to address their concerns internally instead of going directly to regulatory authorities. Workers terminated by their employers may lose access to job sites, company emails and other critical records.
Establishing independent records of misconduct is critical to prove that a worker was a whistleblower. They may also need to retain copies of all of their written communication with their employer.
Consult with an attorney
The safest way to act as a whistleblower is through a legal representative. Attorneys can communicate with government agencies and businesses.
They can educate workers about their rights and assist them with the collection and storage of critical evidence. They can also help workers quantify the impact that retaliation may have had on their careers if a worker loses their job and must then take legal action in response.
Workers who follow the right procedures when acting as whistleblowers can diminish the risk of unlawful retaliation or else hold their employers accountable for retaliating against them.