Ethical Whistleblowing
What is Whistleblowing
Whistleblowing is the act of drawing public attention, or the attention of an authority figure, to perceived wrongdoing, misconduct, unethical activity within public, private or third-sector organisations.Corruption, fraud, bullying, health and safety violation,cover-ups and discrimination are common activities highlighted by whistleblowers.
Elements of ethical whistleblowing.
1)The whistleblower.
2)The whistleblowing act or complaint.
3)The party to whom the complaint is made.
4)The organization against which the complaint is lodged.
Given that the act of whistleblowing is a personal choice, the key to whether an individual will blow the whistle on wrongdoing is whether the whistle-blower perceives organizational policies are designed to encourage moral autonomy, individual responsibility, and organizational support for whistle-blowers.
Steps/procedure for a whistleblowing.
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.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.
Step 3 — Government 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. 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.
