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How can workers acting as whistleblowers protect themselves?

Workplace whistleblowing is a protected employment activity. Employees have legal support from federal statutes and state regulations if they need to address safety concerns or wrongdoing on the part of their employers.

Whistleblowing can involve notifying management within the company of serious issues, filing reports with regulatory agencies or even initiating a qui tam lawsuit in certain cases. Whistleblowers should not face retaliation from their employers, but they may want to proactively protect themselves just in case. What steps can whistleblowers take to limit their risk of job loss and other forms of retaliation?

Maintain private documentation

Whistleblowers who lose their jobs may simultaneously lose access to evidence of a company’s misconduct or safety violations. Workers may want to keep their own digital copies that they retain off-site on electronic devices that they personally own. Ensuring that there are backups of critical documentation is key when proving that whistleblowing was necessary.

Follow formal procedures

When whistleblowing within a company, there may be specific rules in place. Companies often have procedures for reporting internal issues outlined in employee handbooks. Workers may want to ensure that they follow the right reporting process to minimize the possibility of retaliation or the company ignoring their report.

Don’t go it alone

An experienced legal professional can recognize what documentation is sufficient and can educate whistleblowers about their legal protections. They can also manage the process of communicating with an employer or a regulatory authority.

Working with an attorney to ensure that whistleblowing is necessary and to follow the right steps while whistleblowing can help workers do the right thing while simultaneously protecting themselves. This guidance and advocacy can prove invaluable to those who must report misconduct to their employers or to the government.

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