Law

What Every Potential Whistleblower Needs to Know

Written by Jimmy Rustling

Even though exposing corruption and misconduct is the right thing to do, choosing to report wrongdoing isn’t simple. You’re technically protected under the law, but that doesn’t mean becoming a whistleblower won’t affect your career, finances, relationships, and overall wellbeing.

Even some of the most well-known whistleblowers have faced serious consequences. Before you step forward, it’s critical to know what you’re getting into so you can make the right decisions and plan appropriately. 

Understand what whistleblowing really is

Many people think whistleblowing is when someone files a report that leads to some kind of action. However, that report usually catalyzes an investigation that can take months or years to complete. It’s not something you can just report and walk away from.  

Before reporting misconduct, you need to know the entire process can be lengthy and require your sustained persistence and patience. There’s no guaranteed outcome either. Reporting your concerns won’t automatically lead to disciplinary action or policy changes unless violations can be verified by multiple parties, like employers, regulators, attorneys, auditors, and investigators.

Consult with a whistleblower attorney

The most important step you can take is getting professional guidance before you file any reports. Contacting a whistleblower attorney can significantly improve your ability to navigate a complex reporting system while avoiding mistakes and protecting your rights.

A lawyer will help you understand which laws apply in your industry for reporting. For example, the financial sector operates under different regulations than the healthcare sector.

Evaluate your personal risks first

Before reporting anything to an authority, conduct an honest assessment to gauge how reporting misconduct might affect your life. This will help you make an informed decision if you choose to proceed. Despite legal protections, you should consider the potential for retaliation. Just because it’s illegal doesn’t mean it won’t happen.

Consider how reporting might impact your future professional relationships if you choose to remain in the same industry. Most importantly, take your finances into account because you might end up needing a big buffer while things play out and you’re out of work. If you have a spouse or any family members, it’s important to include them in a discussion about what you plan to report so everyone can prepare.

Build strong evidence

Your credibility depends on the quality of your evidence. Having strong documentation is essential for proving your case. Record all dates, times, locations, communications, and events before they fade from your memory. Organize your information chronologically into a clear timeline so investigators can understand how things unfolded. 

Avoid inserting your opinions into your documentation. Your perceptions and opinions are still valuable, but they don’t belong in the same file as facts. 

Protect your privacy

Communication mistakes can make your situation complicated. Take privacy seriously from the start to reduce your risk and maintain as much confidentiality as possible. For example, use your personal devices to discuss matters related to your whistleblowing activity instead of computers, email addresses, or phones owned by your employer. Don’t share too much information with a bunch of people. Only share limited information with people who have a legitimate need to know what’s happening.

Don’t post on social media

It’s critical to avoid posting on social media once you file your report. Anything you publish, including simple “likes” and check-ins, can be used to discredit your claims. Don’t give anyone from the other side any potential ammunition they can use against you. What seems like an innocent comment or photo could derail your entire case.

Build your support network early

Many whistleblowers end up feeling isolated because they don’t have a strong support system. As soon as possible, start building a support network so you have people to rely on when you need a fresh perspective or some encouragement. Let your trusted family members know how they can support you and connect with a whistleblower advocacy group for guidance. You may even want to consider professional counseling to manage stress and emotional stability. 

Stay focused on long-term goals

If you choose to report wrongdoing, your case will likely be slow. Stay focused on your long-term goals, whether that’s holding a company accountable, forcing safety improvements, reforming policies, or any other outcome. Thanks to large caseloads, you can expect delays so measure progress realistically. Any small development is meaningful progress even when you’re nowhere near the end goal. 

Prepare for what lies ahead

Being a whistleblower takes courage and discipline. It’s not a decision you should make without careful consideration. Whether your goal is to protect public safety, expose fraud, or improve accountability, preparation – especially consulting with a lawyer – can help you achieve your goal while protecting your own interests and rights along the way.

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About the author

Jimmy Rustling

Born at an early age, Jimmy Rustling has found solace and comfort knowing that his humble actions have made this multiverse a better place for every man, woman and child ever known to exist. Dr. Jimmy Rustling has won many awards for excellence in writing including fourteen Peabody awards and a handful of Pulitzer Prizes. When Jimmies are not being Rustled the kind Dr. enjoys being an amazing husband to his beautiful, soulmate; Anastasia, a Russian mail order bride of almost 2 months. Dr. Rustling also spends 12-15 hours each day teaching their adopted 8-year-old Syrian refugee daughter how to read and write.