Whistleblowing is the term used when a person passes on information concerning wrongdoing, such as corruption, sexual harassment… This can be referred to as “blowing the whistle”, “making a disclosure”, “making a whistleblowing report”, or otherwise.
What is a whistleblower?
On the simplest level, a whistleblower is someone who reports waste, fraud, abuse, corruption, or dangers to public health and safety to someone who is in the position to rectify the wrongdoing . A whistleblower typically works inside of the organization where the wrongdoing is taking place; however, being an agency or company “insider” is not ...
Why is the National Whistleblower Center important?
That is why the National Whistleblower Center is working every day to support whistleblowers by assisting them in finding legal aid, advocating for policy protection s , and celebrating their achievement s. Find An Attorney.
What is whistleblowing?
Whistleblowing is when an employee goes to an internal or external authority to report unethical or illegal behavior by someone within their organization. Someone might be a whistleblower regarding ongoing harassment by a manager, which they take to their HR department or someone could be a whistleblower who works in an industry that affects the environment and has concerns about their employer's practices. Whistleblowers are may be protected by law from retaliation from their employers, however retaliation does happen.
What are the legal acts protecting whistleblowers?
Whistleblowers are protected under a wide variety of governmental legislation ranging from acts passed by Congress and the Senate to amendments to the constitution such as the First Amendment . Some whistleblowers are protected by state laws rather than federal laws, too. In addition to whistleblowers being protected by various government rules, they are protected by specific organizations within the government. Here are some of the governmental acts and organizations that are intended to protect whistleblowers:
Why should whistleblowers not have to fear retribution?
This means that whistleblowers should not have to fear retribution, such as the loss of their jobs, simply because they “blew the whistle,” speaking up against unlawful acts. To explore this concept, consider the following whistleblower definition.
What are the legal issues?
Related Legal Terms and Issues 1 Indictment – A formal accusation issued by a grand jury, which initiates a criminal case. 2 Medicare – A federal health insurance program that pays the claims of those who are aged 65 and older, as well as those who suffer from disabilities or kidney failure. 3 Waterboarding – The act of pouring water over a cloth that is placed over a person’s face to simulate the act of drowning.
How much can a whistleblower get?
IRS whistleblowers can receive between 15 and 30% of the total amount of taxes and penalties collected against the one who failed to pay. This number applies to any disputed amounts that exceed $2 million, though, if the case concerns an individual, he or she must make over $200,000 per year.
What is the SEC responsible for?
Securities and Exchange Commission (SEC) is responsible for enforcing federal laws and regulating the U.S. securities and stock industries, among other things. The SEC has its own department for whistleblower claims called the Office of the Whistleblower.
What is whistleblower protection?
The Whistleblower Protection Act, which was enacted in 1989, and strengthened in 2012, specifically protects people who work for the federal government, and inform on illegal or improper activities conducted by the government. The Whistleblower Protection Act protects federal employees from potential retaliation from the government.
What is whistleblowing in the workplace?
A whistleblower is an employee who reports on his employer, or someone who reports an organization or agency, for its participation in an illegal or otherwise illicit activity. While such a person is often a current or former employee of the company or organization, it may be someone with a different connection. Similarly, the misconduct being reported may be taking place in the present, may have already happened, or may even be in the early planning stages, not yet carried out. There are two different types of whistleblowing:
Why did Snowden flee to Russia?
The same month that Snowden leaked the documents, he fled to Russia, as the U.S. Department of Justice filed charges against him for stealing governmental property, and for violating the Espionage Act of 1917. The Espionage Act of 1917 makes it illegal for someone to communicate information that either supports enemies of the United States or interferes with the duties of the country’s armed forces.
Why is whistleblowing beneficial?
If matters can be resolved internally before becoming public in the press or on leak platforms , organisations can avoid reputational damage and fines that can prove substantial. Enforcement action under the US Foreign Corrupt Practices Act saw companies receive penalties totalling a record US$2.9 billion in 2019.
When is a whistleblower protected?
However, even though employers are prohibited from seeking revenge after an employee has exposed wrongdoing , a whistleblower’s career may still suffer. Low-level workplace bullying is difficult to detect. Whistleblowers often stand alone and friends they thought they could trust in their workplace might turn their back on them in order to protect their own reputation. Even if an anonymous system is in place, those exposing wrongdoing still need courage and determination.
How does data protection legislation relate to whistleblowing?
Following the EU General Data Protection Regulation (GDPR), compliance officers are now required to follow very specific procedures when handling personal data, particularly as it pertains to issues of whistleblowing reports and reporters.
What are the ethics of whistleblowing?
The ethics of whistleblowing can be seen as a tricky matter. It often brings two moral values, fairness and loyalty, into conflict. On the one hand doing what is fair and right (i.e. speaking up about misconduct) can sometimes conflict with loyalty (i.e. having worked for an organisation for many years). Whistleblowing might also be viewed as a breach of trust. Many whistleblowers decide to report because they place the value of fairness and doing what is right over loyalty to their organisation.
Why is whistleblowing currently in the news?
In June 2020, Watson.ch reported that in Switzerland the government whistleblowing reporting office, located at the Swiss Federal Audit Office (SFAO), is seeing increasing numbers of reports year-on-year. Interestingly the majority this year came from outsiders such as suppliers, contractors or subsidy recipients rather than employees. 148 reports were anonymous, which makes up almost 80 percent of cases.
WHAT IS WHISTLEBLOWING?
A worker raising a concern with someone in authority – internally and/or externally (e.g. regulators, media, MPs) – about wrongdoing, risk or malpractice that affects others.
What is whistleblowing in the workplace?
Risk to others – whistleblowing is about raising concerns relating to wrongdoing risk or malpractice that you witness in the workplace. Public interest – these concerns should be in the public interest, and unlike grievances, the concerns may not even affect you at all, but will have wider implications on the public.
What is the ACAS code?
The ACAS Codes provide for employees to be given the outcome of their grievance e.g. an apology, a payment due or a change to the working practices. Appeal – you should be given the opportunity to appeal should you feel unsatisfied with the outcome.
What is the right to be accompanied at a grievance hearing?
Support – you have the right to be accompanied at a grievance hearing where the complaint is about your employer breaching a term of your employment contract.
What is risk to self grievance?
Risk to self – grievances are typically issues about how you exclusively are being treated and not the treatment of others.
Should employers follow a whistleblower grievance process?
As we set out above, your employer should follow a different route for dealing with whistleblowing concerns and grievances. Using the wrong process can make matters difficult. For example, it is difficult for a whistleblower to have their confidentiality respected if a grievance is followed (a fair process may mean an individual complained about needs to know the basis of a problem to allow them to put their case).
Can an employer investigate bullying?
However, from an employer’s perspective, even when an individual says that there is a bullying culture in their team, if no one else comes forward and if there is no record of grievances that have previously been filed about the matter, then this can make it difficult for your employer to investigate and act. It is important that your colleagues who are also affected should be willing to participate in any subsequent investigation, otherwise it may be more effective to raise this as a collective grievance or by enforcing your own rights in the workplace by seeking the advice of a trade union or from ACAS.
