Defending My Business

If you're worried that illegal acts are being conducted at an organization where you work, you may feel a strong urge to blow the whistle on what's happening. Like many who've come before, though, you may be afraid for your livelihood. Let's explore the problem from the perspective of a whistleblower protection attorney services provider.

Is the Organization Private or Government?

Whistleblower laws in the U.S. have been drawn up in two sets. The first set pertains to the federal government itself, state and local agencies, government contractors and groups that benefit from federal aid. Governmental whistleblowers are protected under both the Civil Service Reform Act of 1978 and the Whistleblower Protection Act of 1989.

Legal protections for whistleblowers in private companies are a more recent development. The Sarbanes Oxley Act has sections that pertain to publicly traded companies and their employees, officers, contractors, contractors and agents. It also extends protections to individuals that work for nationally recognized financial rating agencies.

What Conduct Can Be Called Out?

Overt law-breaking behavior is the most obvious source of whistleblowing. You may also call out gross mismanagements, wasteful use of funds, abuses of authority and specific major dangers to public safety or health.

Documenting What's Happening

The first order of business is to make sure you're able to clearly document what's going on. Make notes when you have the opportunity about what activities have you feeling concerned. Include details like who was present at the time, when the incidents occurred and how you came to know about the events.

Do not assume other stakeholders within your organization will see things your way. It's wise to sit down with a whistleblower protection attorney before you file any complaints or discuss the situation with anyone else. Before you get too involved in a whistleblowing action, you want to know the activity is subject to whistleblower laws and that you can actually present a meaningful complaint.

How Are You Protected?

It is a crime in the U.S. for any organization or its stakeholders, if they are subject to the previously cited acts of Congress, to retaliate against a whistleblower. Retaliation may include firing the person, passing them over for promotion or assigning them to undesirable duties not consistent with their previous work. If you feel you're being retaliated against, make sure to document these incidents the same way you would the initial activities that led you to blow the whistle, and contact a whistleblower protection attorney for help.