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Whistle Blowing in the Workplace
Whistle blowing is the revealing of improper or illegal operations and actions of an employer. This can be accomplished within the company, to a government agency or to the media. Federal and state statutes prohibit an employer from denying employment, demoting, suspending or terminating an employee due to a whistle blowing allegation. Employees must be allowed to freely come forward with important information without fear of retaliation, as many illegal company operations affect the public at large and not just the company's image.
There are various agencies that investigate whistle blowing cases, which include the Occupational Safety & Health Administration, the Equal Employment Opportunity Commission, and the National Labor Relations Board. Each agency has different regulations and deadlines pertaining to a whistle blowing complaint. There is also a great deal of paperwork that has to be correctly filled out in order to have a case evaluated. This is why such a matter should be left in the hands of a qualified attorney, as small mistakes and missing information can be detrimental to a case.
An employee may find that their whistle blowing will receive a negative and unwanted reaction in the workplace. Many employers are aware of the improper actions or operations that exist within their company and are not willing to change them. Although companies may have a complaint system in place, they often times do not lead to any necessary change and require whistle blowing. Employees must protect their legal rights and interests properly with the aid of an experienced attorney that is familiar with the ins and outs of this field of law.
An employee's employment rights may be at risk after whistle blowing occurs, and they must be properly protected to ensure the continuation of wages and benefits. If an employer wrongfully terminates an employee's employment, then this matter must also be handled appropriately. These are situations that should be given to a professional that has the education and training in labor laws. An experienced attorney will handle all aspects of a whistle blowing matter. These tasks include investigations and evidence gathering, research, court filings and agency filings, motions, litigation, appearances, negotiations, and correspondences, just to name a few.
Although an employee may attempt to handle whistle blowing matters on their own, it is not a recommended course of action. There are too many potential retaliatory actions that can await an employee if a case falls short of meeting a deadline or other requirements, due to the inexperience an ordinary person has in the matters of law. Whistle blowing involves knowing the intricate and sometimes complex nature of the legal system and agency framework.
A whistle blowing case must be taken seriously and handled appropriately. Those individuals that have witnessed or come across information on improper or illegal operations, should be able to bring it to the attention of the proper authorities. These type of matters affect various constituents that include employees, the company and the public. If you have information that needs to be shared, you should contact an attorney as soon as possible by filling out the form on the right.
