Checklist
- Safely test how issues are perceived internally, which is covered in the “Working with Colleagues” section.
- Be cautious of company lawyers.
“The attorney was picked by the company, is paid for by the company, and knows where his or her next (very large) paycheck is coming from.” Stephen Martin Kohn, The New Whistleblower’s Handbook: A Step-by-Step Guide to Doing What’s Right and Protecting Yourself (2017), p. 244
- Traditionally, the best practice is to build relationships with the team who can effect the change and then approach them in a constructive manner, as outlined in the “Working with Colleagues” section. Bringing a thoughtful case to the attention of the relevant manager in a constructive way can often have a bigger impact.
- If you do not have a positive relationship with the relevant team or if they have refused to accept your case, then reporting to a centralized hotline or office can serve as the next option. Getting a case on the record may help if you do end up bringing a case to a regulator, but it is by no means necessary.
- The centralized reporting channel at a company usually isn’t the best place to send information if you want to effect tangible change. Internal reporting offices are traditionally primarily equipped to process and refer cases, and not initiate changes to company practices themselves.
- As stated previously, if your company has a union, you can bring the information to the attention of union leadership. They can then anonymize the information and raise it themselves by citing concerns they hear from their members. In this case, it is still important to talk through the case with them and ensure you both are on the same page with how to proceed.
Retaliation and/or confrontation by your company
- If you have made information public while still working at the company and they come to discuss it with you, past experience shows that it helps to be honest and not interfere with any investigation that might be taking place.
- At this point, you can say that you have been advised by counsel not to discuss any information with the company as it may be considered obstruction of justice.
- Your lawyer will not discuss the case with the company either, as anything they reveal to the company could also be an obstruction of justice and a violation of your attorney–client privilege.