Employees effectively become whistleblowers when they report safety issues or legal compliance concerns about their employers. Some whistleblowers file reports internally with their employers, drawing their attention to issues that damage the company’s reputation or endanger workers.
Professionals also become whistleblowers when they inform regulatory authorities of their concerns about company operations. Numerous laws protect whistleblowers from retaliation or punishment for reporting misconduct. Unfortunately, whistleblowers are still vulnerable, as companies may demote, terminate or otherwise punish them for doing the right thing.
How can workers who must act as whistleblowers protect themselves from unlawful retaliation?
Documentation is critical
The most important form of protection for a whistleblower is proof of the issue that they needed to report and documentation of their communication with their employers or regulatory authorities. Workers who lose their jobs may suddenly lose access to company email accounts and job sites.
It is therefore critical that workers with evidence of safety violations or company misconduct preserve that evidence to ensure they have access even if they suddenly lose their job. Additionally, workers may want to keep thorough records detailing when and how they report their concerns to management or outside authorities.
Keeping records of post-reporting communication with management and any changes in their employment Dynamics following the report can also help the worker substantiate their claims that they experienced unlawful retaliation after acting as a whistleblower.
The nature of the issue can influence when and how workers report their concerns and what documentation may be most effective at protecting them from unlawful retaliation. Discussing whistleblowing concerns with an experienced employment law attorney can help professionals protect themselves throughout the whistleblowing process.