Whistleblower Retaliation: What to Expect
Every year, misconduct such as violation of laws and danger to public safety goes unreported due to fears of retaliation pursuant to blowing the whistle. This should come as no surprise – with the nation's current job market, fears of losing employment are substantial and well-founded. Unfortunately, many whistleblowers have found themselves rewarded for their honesty and courage by getting fired, disciplined or threatened, even though there are some laws in place to provide protection.
Possible Whistleblower Retaliations
If an employee blows the whistle on misconduct within a company or organization, it might be reasonable to expect that there could be some negative effects for that employee to suffer in the workplace. Getting fired or laid off is not the only type of retaliatory action that could be taken. Threats, discipline, pay reductions, loss of benefits, loss of insurance, and negative treatment by coworkers and superiors are all possible forms of negative retaliatory action. The severity of these actions depends on the situation and the people involved.
Coworkers and Whistleblowing
Coworkers who are aware of the misconduct that was reported by the whistleblower may react in a variety of different ways. If there is danger of the company going under due to the exposure, the other workers may understandably want to keep the misconduct quiet in order to keep their job security. In this case, a whistleblower should not be surprised to suffer negative retaliation from fellow workers. However, a coworker who recognizes the evil of apathetically allowing a bad situation to continue may go the other direction, praising and supporting the whistleblower. No matter what the situation, every employee will have an opinion.
How to Get Protection from Whistleblower Retaliation
If a whistleblower complains about issues of misconduct such as discrimination, harassment, or other workplace violations with no first-hand knowledge or evidence, the courts may believe the claim to be unfounded, so always be sure that actual misconduct is taking place before reporting it. It is also acceptable to complain on the behalf of another. For example, if a spouse in the same workplace suffers gender-based pay discrimination, the other spouse would be within his rights to complain and still be under legal protection. Any whistleblower with legitimate misconduct to report can make an appeal to the Merit Systems Protection Board.
Likelihood of Whistleblower Retaliation
The perpetrators of fraud, abuse, neglect or other misconduct within a company or organization are, in most cases, aware of the problems that can be brought down upon them by a whistleblower. They are also aware of the laws in existence to protect whistleblower for their negative or disciplinary retaliation. Therefore, if there is retaliation, it is very likely that it could be subtle, and psychological in nature. If there is no record of abuse, and no paperwork to prove negative retaliation, a whistleblower might find it difficult to present a convincing case. Therefore, whistleblowers should always be on their guard and stay prepared to leave if the situation goes bad.
Blowing the whistle on misconduct within a company or an organization can be a scary decision with well-founded fears of whistleblower retaliation. However, by sticking to honesty, devotion to good ethics, and remembering that the law is on your side, the decision to bring an issue to light does not have to be a nerve-wracking one.