Whistleblower Protection FAQ
What is a Whistleblower?
A whistleblower is an individual who “blows the whistle” on misconduct within a company or organization, often in medical, military or pharmaceutical areas, exposing the illegal activities to the public and the authorities.
Are Whistleblowers at Risk?
A company that has its illegal conduct exposed by a whistleblower would naturally be angered, putting the whistleblower at risk for termination, discipline, loss of benefits, unkind treatment, threats or other retaliatory action. Not only can these actions be suffered at the hands of superiors, but by coworkers as well, if the fellow employees believe that their job security is threatened by the exposure.
If It's So Risky, Why Blow the Whistle?
Oftentimes, people who blow the whistle have information on misconduct that could jeopardize public health and safety, threaten national security, or cause racial or gender discrimination. Many of these issues are not only important socially, but directly impact the lives of American citizens. Therefore, even if it means taking a personal risk, some people are willing to do it in order to see honesty and ethics restored.
How Can Whistleblowers Be Protected?
There are several different laws that include whistleblower protection and even specifically deal with the subject. Most companies and organizations are now aware of the laws in place to protect whistleblowers, so they may decrease or withhold negative treatment.
What Whistleblower Protection Laws Are Available?
The earliest United States law that includes whistleblower protection is the False Claims Act instituted in 1863, which was created to combat fraud by government suppliers throughout the Civil War. The False Claims Act encourages whistleblowers to expose misconduct by rewarding a percentage of damages recovered by the government and also protects them against wrongful dismissal. There is also the more specific Whistleblower Protection Act, instituted in 1989 to protect federal employees who blow the whistle on agency misconduct. These federal whistleblowers are protected against any retaliatory action under the Act.
How Can a Whistleblower Get this Protection?
In order to receive legal protection from workplace retaliation, a whistleblower can file a claim with the Merit Systems Protection Board and the Office of Special Counsel. These agencies deal specifically with whistleblower complaints and review cases to be sent to the Court of Appeals for the Federal Circuit, the only court currently hearing whistleblower cases.
How Can a Whistleblower File a Complaint?
A whistleblower who wishes to complain about workplace retaliation can seek advice from the Office of Special Counsel, receiving a timeline in which to make their official complaint to the Merit Systems Protection Board. They must submit their complaint in writing, including full statements of the situation and retaliatory actions, to the branch of the Board in the area where the retaliatory actions were carried out. The Merit Systems Protection Board will then review the information to decide what actions to take.
What is the Whistleblower Protection Enhancement Act?
The Whistleblower Protection Enhancement Act is a series of amendments to the existing Whistleblower Protection Act, introduced in 2009 by Hawaii's Senator Daniel Akaka. The amendments would improve federal laws to extend protection to those who disclose any violation of law, with the exception of minor, alleged and inadvertent violations. Although the law has failed to pass thus far, it has been reintroduced to the Senate on April 6, 2011, bringing hope that there will soon be even more and better protections in place for whistleblowers.