Whistleblowing has recently become fairly common. However, when it comes to retaliation against whistleblowers, it is not only frowned upon, it is punishable.
If you choose to retaliate against whistleblowers in your company, you can’t get into some serious trouble, as there are numerous state and Federal laws that protect whistleblowers from the companies and the employers. If you choose to get back to the whistleblower, read the latest whistleblower news, you all are facing criminal prosecution, especially in the circumstances are correct. Therefore, you must be very careful when it comes to whistleblowers in your company, and the way you handle the entire situation.
Who’s A Whistleblower?
A whistleblower is an employee who chooses to make complaints regarding violations on the law that happened in the company. A whistleblower can report numerous activities such as: illegal activities, gross mismanagement, gross waste of funds, abuse of authority, explicit danger to public health, explicit danger to public safety, and all other actions which are prohibited by law.
The Sarbanes-Oxley Act of 2002
An employee, who makes a complaint about the employer, and the wrongdoing in the company, is protected by the Sarbanes-Oxley Act from retaliation by his or her employer. Even if the court does not find any wrongdoings in the company and even if it turns out that the employee’s complaints have been false, this employee by the Sarbanes-Oxley Act is still protected from potential retaliation as a whistleblower. The act of reporting alleged wrongdoings are seen as an act done in good faith, and therefore, the employee is protected and from its employer.
How To Avoid Whistleblower Complaints
If you want to avoid potential damage which can be brought to your company and your business by whistleblower lawsuits, you should learn how to handle this very delicate situation.
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Firstly, you should never retaliate, and should remember to treat all the employees equally. Many company owners are not aware of the wrongdoings in their companies, even when they do take place. Do not take out your frustration on the employee that pointed out to the problem.
Furthermore, you should be well acquainted with a few laws that allow employees to complain, such as the Sarbanes-Oxley Act. Gather knowledge on the subject in order to be competent to address this particular and delicate situation.
Also, be very careful when it comes to disciplining whistleblowers for any other misconduct. These actions can be seen as a violation of safety code. Make sure and that you treat the whistleblower with respect and just like any other employee.
Investigating the credible complaints will get you on the right track. You have to make sure that you do everything in your power to investigate any potential wrongdoings in your company. This will put your company, you, and your whistleblower, at ease.
Disclaimer: This article aims to provide some information on legal matters; however, it is not substitution for expert legal advice. Please consult a lawyer or an attorney if you are in need of a legal advice.