Whistleblowing is a complex process, and there are many ways to go about it. It is essential to seek legal and other expert advice early and consider contacting an organization that specializes in supporting whistleblowers.
Establishing a dedicated team and a secure reporting channel is also essential. This will help protect whistleblowers from retaliation and ensure confidentiality and anonymity.
Get Legal Advice
The decision to speak up and expose wrongdoing is very personal and can be difficult. Many whistleblowers face retaliation from their employers or the wider public.
Depending on the circumstances, whistleblowers can choose whether to report anonymously or confidentially. Anonymous reporting means nobody knows who made the report, while confidential reporting enables the person to be identified. Still, they agree not to disclose that information outside the follow-up process.
To be protected under law, whistleblowers must make a “qualifying disclosure.” This is usually when the wrongdoing or malpractice is a violation of public policy, gross mismanagement or waste, an abuse of authority, or a substantial danger to health and safety. Whistleblowers may also be entitled to a reward as compensation for their efforts; this typically comes in the form of a percentage of the dollar amount that the government or the relevant agency recuperates as a result of the whistleblower’s information. Learning how to become a whistleblower is essential.
Gather Evidence
If you’re a whistleblower, gathering evidence supporting your allegations is essential. This may include documentation such as written reports, video footage, or other visual records. You may also need to consult experts to help you understand and validate your report.
When interviewing witnesses and the accused, it’s important to take detailed notes and not say anything indicating you’ve already decided whether or not to believe the alleged misconduct occurred. This will ensure your testimony is credible and has a high probative value. For example, suppose a witness says an inebriated employee was stumbling and using slurred speech. In that case, the evidence is likely given more weight than testimonies from someone who has not seen these symptoms firsthand.
Once your evidence is collected, it’s a good idea to determine the appropriate authorized recipient for the report. This person is responsible for assessing the validity of your report and proposing solutions for any issues uncovered by your investigation. Ideally, this is an individual within the company who can ensure your confidentiality throughout the process and will not reveal your identity outside of the follow-up process.
Report the Wrongdoing
For whistleblowing to be effective, employees must trust that their identity will be protected. This is especially important if they blow the whistle on their employer’s activities. If the whistleblower’s identity is revealed, it can destroy the credibility of their entire whistleblowing program. It can also result in a significant fine or even criminal charges for the company and the individuals involved.
To protect a whistleblower’s anonymity, an organization can offer them the option to report anonymously. This can be done by using a dedicated telephone hotline or online system. A dedicated case manager will be assigned to the report and will only share information with other personnel on a need-to-know basis.
The case manager must communicate this to the reporter at each process step. It is also helpful to remind reporters to use only personal devices to communicate with the case manager, as their employers may monitor any information or allegations submitted through a work device.
Keep Yourself Safe
Keeping yourself safe is an essential part of being a whistleblower. You can protect yourself by using secure communication methods, avoiding public places where there could be surveillance, and always carrying a safety whistle in case you need to attract attention or escape danger.
A key to keeping yourself safe is ensuring your reporting is anonymous, which can prevent retaliation or other harmful actions by the company. Anonymity lowers the inhibition threshold for people, which means they’re more likely to speak out.
To ensure your whistleblowing process is anonymous, communicate with employees about the measures you are taking to protect their identity, from the technology used to the processes in place. It also helps to reinforce this as they complete each step of the reporting journey, such as on the policy page or when a whistleblower interacts with a case manager.
Follow Up
Many organizations allow employees to report anonymously if they have the right whistleblowing channel. This is a great way to encourage workers to speak up, but it can also make some employees suspicious that someone could be using the system for malicious purposes (such as to file false reports against their coworkers).
To build trust, organizations must be clear about how they will protect a whistleblower’s identity, from the technology used to the processes in place. This will help lower the inhibition threshold of the employees who want to report and ensure they are confident that their identity will be kept confidential throughout the investigation.
In the US, whistleblowers can be awarded for reporting information about fraud or misconduct to a federal agency, state authority, self-regulatory organization, or law enforcement organization. This includes the CFPB, which takes steps to protect the confidentiality of tip submissions. Nevertheless, the Dodd-Frank Act restricts eligibility for rewards based on job duties, including the ability of employers to review or use the information submitted by whistleblowers.
