Three Ways to Strengthen Laws Protecting Whistleblowers

9/3/2022

Whistleblowing is the act of reporting unethical or illegal conduct. It is not uncommon for employees to witness or discover activities within their organization that are unfair, unsafe, or otherwise unethical. To encourage employees to report unethical behavior without fear of repercussions, many states have implemented laws to protect whistleblowers and laws that provide for whistleblower awards. Whistleblower protection laws either explicitly grant protections to employees who bring forth information about wrongdoing or implicitly create a safe space for whistleblowers by granting protection under other laws (e.g., protection from termination based on a wrongful motive). These laws providing protections for whistleblowers have a positive effect on the number of people willing to report wrongdoing and create an environment conducive to honesty. Nevertheless, there are some limitations in whistleblower laws regarding what kinds of misconduct can be reported and appropriate methods of reporting it. Here are three ways you can strengthen whistleblower law so that it protects more people who are considering blowing the whistle on unethical conduct and filing whistleblower lawsuits.

Contact whistleblower attorney Timothy L. Miles today for a free case evaluation

Increase Protection for Employees Who Report Unlawful Activities

Whistleblower laws protect employees who report unethical activities that are unlawful, unethical, or otherwise contrary to professional standards. For example, if an employee witnesses his manager demanding sexual favors in exchange for a promotion, that employee has a reason for blowing the whistle. This is because sexual harassment is against the law. That employee might also blow the whistle if he or she notices that the company is violating certain laws, for example, by not having a proper permit for handling hazardous chemicals or not having proper safety training.

Broaden the Scope of Activities That Can Be Reported

Sometimes, employees are reluctant to blow the whistle because they think their report falls outside the scope of what the whistleblower laws protect. This is why it is important for the law to explicitly protect a wide range of activities. To ensure whistleblower laws protects more protections for whistleblowers, they should broaden the scope of activities that can be reported. You can do this by explicitly listing more types of unlawful activities that employees can report as well as more types of violations employers are expected to follow. When deciding which activities to add to the law, consider what types of illegal practices employees might witness or be expected to follow. For example, laws covering food safety and equal employment opportunity are important because they protect the health and well-being of the public.

Add Provisions That Explicitly Protect Employees from Retaliation

Retaliation occurs when an employee is punished either during or after the act of whistleblowing. Perhaps the most serious whistleblower law is the federal False Claims Act, which allows individuals to report companies that defraud the government. The act protects whistleblowers from retaliation by granting them legal protections such as immunity from lawsuits. This law is important because it encourages people to report companies that falsely bill the government for services by filing qui tam lawsuits. Similarly, many states have added provisions that explicitly protect whistleblowers from retaliation after the act of whistleblowing. This is important because it encourages employees to report wrongdoing without fear that they will be punished for their report.

Conclusion

Blowing the whistle is an important part of maintaining ethical standards in organizations. To encourage employees to report wrongdoing, whistleblower protection laws should be strengthened. This can be done by increasing protection for employees who report unlawful activities, broadening the scope of activities that can be reported, and adding provisions that explicitly protect employees from retaliation after they report wrongdoing. Ultimately, strengthening these laws will help more people report unethical behavior and create a more honest and transparent workplace.

If you are thinking of blowing the whistle, contact whistleblower attorney Timothy L. Miles today for a free case evaluation.

Timothy L. Miles, Esq.

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