Ethical Whistleblowing

Today I am going to explain about some few important things about Ethical Whistleblowing in this article. The content which i am going to talk is listed as below….

· What Is Whistleblowing?

· Type of Whistleblowing.

· Elements of ethical whistleblowing.

· Steps/procedure for a whistleblowing.

Okay first let’s move to look what is What Is Whistleblowing?

What Is Whistleblowing?

“Whistleblowing normally has been identified as an action taken by an employee, alerting society to potential or actual damage to the public as a result of present or future actions of the firm.” Whistleblowing can also be broken down into two different categories in which the employee may notify others of the alleged wrongdoing; either internally or externally

TYPES OF WHISTLE-BLOWING

There is two type of Whistle-blowing.

Internal Whistle- Blowing -When an individual advocates beliefs or revelations within the organization.

External Whistle- Blowing -When and individual advocates beliefs or revelations outside the organization.

ELEMENTS OF WHISTLE- BLOWING POLICY

1. An effective communicated statement of responsibility
2. A clear defined procedure of reporting
3. Well trained personal to receive and investigate reports.
4. A commitment to take appropriate action.
5. A guarantee against retaliation-reports in good faith.

Steps/procedure for a whistleblowing.

Now we look, what are the step/procedure for a whistleblowing. There are five steps to File a Whistleblower Claim.

Step 1 — Get Evidence

This is the most important step in your whistleblower claim. It’s crucial that you get documentary evidence of the fraud. Such evidence can include emails, internal studies, billing records, or test results. If you can witness the wrongdoing first hand that’s great, but not necessary. This evidence will help support your claim when you present it to the government. The more evidence you have, the better chances your case will be.

Remember to keep this information strictly confidential; the information should not come from public sources.

Step 2 — Presenting the Evidence

Under the False Claims Act, the whistleblower must file a complaint in court as well as submit it to the government, along with a Disclosure Statement that details the alleged misconduct. However, before filing the claim, we will set up a meeting with the appropriate government agency to discuss the claim. This is when you have to show the government that you have enough evidence of the fraud to support your claim.

Step 3 — Government Investigation

Now comes the longest part of the claims process — the government’s investigation. During this time, all aspects of the matter, including the whistleblower’s identity and the investigation itself, will remain confidential. Any formal complaints filed in court are kept under seal so even the defendants don’t know what’s going on. During this time, you may be interviewed by the government, along with any other witnesses involved or knows of the fraud.

The complaint will remain under seal for 60 days unless the government asks for an extension, which it usually does. If criminal violations are involved in the claim, the FBI may be involved in the case. The whistleblower must be accessible and cooperative to help the government with the case.

Step 4 — The Decision

If the government decides to bring a case, the whistleblower may be asked to testify at trial or a grand jury proceeding. It’s at this point your identity will be disclosed. Roughly 90 percent of False Claims Acts cases the government intervenes in tend to be successful. But if the government declines to intervene, these whistleblower cases are less than successful. Without the government’s support, the pursuit of the cases can be expensive and lengthy. Also, you may be prepared for retaliation from your employer. Although it is illegal for a company or organization to retaliate against a whistleblower, it still happens.

Laws to protect the Whistleblowing

Finally Now we consider about “Are there laws to protect the Whistleblowing?”

The Whistleblower Protection Act of 1989, Pub.L. 101–12 as amended, is a United States federal law that protects federal whistleblowers who work for the government and report agency misconduct. A federal agency violates the Whistleblower Protection Act if agency authorities take (or threaten to take) retaliatory personnel action against any employee or applicant because of disclosure of information by that employee or applicant. Whistleblowers may file complaints that they believe reasonably evidences a violation of a law, rule or regulation; gross mismanagement; gross waste of funds; an abuse of
authority; or a substantial and specific danger to public health or safety.

So Guys I hope you got some basic knowledge regarding Whistleblowing by reading this article.

So thank you.