Source: Dayton Daily News
Looking out for you whistle-blowers
Experts say exposing wrongdoing in the workplace requires strategy
By Jim DeBrosse
Staff Writer
Is your employer violating safety, environmental or health standards, or engaged in criminal activity?
As the Enron scandal makes clear, it’s up to individual employees to blow the whistle on corporate or government wrongdoing. But first get smart — not righteous — if you want to protect yourself and your job, legal experts say.
The most effective whistle-blowers stay cool, keep meticulous records and go to their employer first with their concerns before going public.
And they continue to perform well on the job.
“You have to do your darndest not to give your employer another reason for getting rid of you,” said Reuben Guttman, a Washington, D.C.-based attorney who specializes in whistle-blower protection.
Guttman said the recent convictions of top Enron executives point to the importance of whistle-blowers in “purifying” our private and public institutions.
“Enron stands for the notion that everybody in the workplace should be getting back to their own moral compass,” he said. “If they see something is patently unlawful, just because their employer says that’s OK, doesn’t mean they should just look away.”
Whistle-blowers are protected by a patchwork of state and federal laws that include common law and statutes, civil rights legislation, federal agency guidelines, labor relations law and even the First Amendment. (For an overview: www.whistleblowerlaws.com/)
Julie Ford, a Dayton attorney who specializes in labor and employment law, says potential whistle-blowers must be prepared for the consequences.
“If someone truly believes their job is at risk, and they’re about to make a report (of wrongdoing), it is wise to seek legal counsel, and to let your employer know you’ve sought legal counsel,” she said.
Before blowing the whistle, lawyers offer these tips:
• First, give your employer the opportunity to correct the problem. Ohio law won’t protect employees who go public with their findings beforehand.
• Be concerned and polite, not confrontational, when informing your employer. Keep the focus on the violations and how they are hurting the organization, not on assigning blame.
• Keep records, dates and notes on everything — document the violations and all pertinent discussions with your supervisors.
• Keep copies of everything — documents, e-mails, notes, anything related to your complaint.
• Take action. Whistle-blower laws will protect you only if you notify the proper agencies when your internal efforts fail.
• Stay in the game.
“You can’t just quit or not show up for work,” Guttman said. “It’s a chess game. Every step you take, you have to consider your employer’s reaction.”
Copyright ©2006 Cox Ohio Publishing, Dayton, Ohio, USA. All rights reserved.
