Let's Discuss Whistleblowing
When we go to work, we should feel safe to go about our responsibilities and tasks for the day. If we don't feel that safety, it is important to speak to management and try to find a solution. When the issues are bigger than we can deal with on our own, next steps need to be taken to ensure the safety of ourselves and our team members.?
Whether we are talking about safety precautions or legal gray areas within the workplace, our employers should not be crossing any ethical lines that make us question ourselves and our roles. Whistleblowing can empower us to ensure that the businesses we work for are complying with the laws and regulations that govern them.?
What Is Whistleblowing??
Whistleblowing is the action of reporting your workplace for any safety and legal wrongdoings it is involved in. It is an important service for the public that ensures businesses are doing the right thing and that people are not getting hurt or caught up in illegal actions. It takes immense courage to report one's employers' wrongdoings, as many fear the retaliation that could come of it. Thankfully, there are national and state laws in place to protect whistleblowers.?
Common Workplace Wrongdoings:?
How to Make a Protected Disclosure?
To be protected by national and state whistleblowing laws, you must be considered a protected person and make a protected disclosure.?
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To qualify as a protected person, you must report your employer's wrongdoings to the appropriate authorities. This can include government officials, law enforcement, your organization's human resources department, or OSHA. Additionally, you must conduct a protected disclosure. This means that your disclosure is based on the reasonable belief that the action occurred. The disclosure must be made to the person or entity authorized to receive it.?
National and State Protection for Whistleblowers
Many employees are hesitant to disclose wrongdoing because they worry their employers will retaliate against them. Fortunately, there are laws in place to protect whistleblowers and ensure they are not discriminated against because of their actions.?
The Whistleblower Protection Act was created to protect employees who disclose from retaliation. The WPA only protects those who are considered protected persons, so ensure that the proper channels are followed when reporting. Additionally, Missouri's Human Rights Act protects against any sort of discrimination and retaliation in the workplace.?
What You Need to Do Before Whistleblowing?
The wisest thing you can do before choosing to whistleblow is to find an attorney first. You do not want to start the process and miss crucial steps that can help keep you protected. From there, you can work with your attorney to develop a plan, collect evidence, and move forward with the reporting process.?
Whistleblowing is a very serious act, and it can keep your fellow team members safe, ensuring that the organization you work for is abiding by the law. If you have further questions or want to speak about wrongdoings within your organization, send me a message or contact the team at Baldwin & Vernon.?