Perhaps the most important matter to consider before publicly speaking out against an employer is identifying the outcome you want to achieve — and understanding the other possible outcomes you may face.
Although each case sees a unique resolution, several potential outcomes can be anticipated:
Lawsuits
Aside from lawsuits that may be filed against the employer in question, whistleblowers may also find themselves to be the target of litigation. This is most likely in cases of alleged defamation against an employer, or if the whistleblower breaches an employer contract in the whistleblowing process.
Example: In late 2020, the US District Court of Nevada ruled against Martin Tripp, a former Tesla employee who had disclosed trade secrets to third parties. Tripp had filed a defamation case against Tesla earlier that year, which was tossed by a judge. He was then convicted on the charge of hacking into Tesla’s operating system to steal the data — a violation of Nevada computer crimes law. Despite Tripp’s effort to seek whistleblower protections, he was ordered to pay a $400,000 settlement before the case was sealed. Source: The Verge
On a more positive note, agencies like the National Labor Relations Board (NLRB) occasionally step in to protect whistleblowers, even after they have been fired. For instance, in April 2021, the NLRB determined that Amazon illegally fired two women who had publicly condemned labor conditions at its warehouses; if Amazon did not settle, the NLRB planned to pursue unfair labor practices claims.
Statutes exist to deter retaliation from employers (see Job and Financial Security), but it is recommended to consult an attorney for advice on handling litigation.
Job loss
About two-thirds of whistleblowers who speak out against their employers experience job loss or forced retirement as a result. For details on job protection and financial support, see Workplace Retaliation.
Prison
Whistleblowers have faced jail time in a number of severe cases, most of them involving government disclosures of classified information that violated the Espionage Act of 1917. It is also possible to fall in violation of state or local laws while undergoing the whistleblowing process.
Example: Amid the 2020 pandemic, data scientist Rebekah Jones was fired by the Florida Department of Health, where she had helped to create the state-run COVID-19 data dashboard, after she allegedly refused requests to manipulate COVID-19 transmission data. The state eventually filed an arrest warrant alleging that Jones hacked into the department’s software to send a mass message warning employees about the manipulated data; it also alleged that she stole restricted department data. In early 2021, Jones turned herself in and was charged with one offense regarding use of the department’s computer system. The suit is pending — if convicted, she could face five years in prison and a $5,000 fine. Source: Cosmopolitan
Prison sentences are less likely to result from whistleblower action against private tech firms, but anyone coming forward should still be aware of the potential consequences and proceed carefully.
Fame (or infamy)
Plenty of good can come of whistleblowing, including workplace changes, local or state-level policy changes, and empowerment of other people to come forward and advocate for their own workplace needs (see Creating Tangible Change). Some whistleblowers even capture the public imagination for their “heroism.” So potential whistleblowers must prepare to remain humble and grounded, and to become an unofficial counselor to others who follow their lead.
Example: When Brittany Kaiser and Chris Wiley blew the whistle on Cambridge Analytica, they attained global notoriety virtually overnight. In 2019, a Netflix documentary detailing their stories received BAFTA and Emmy nominations. But Kaiser emphasized that fame is a rare outcome and should not be an end goal when whistleblowing:
“Chris Wiley and I were lucky. This is what people really need to understand, is that you don’t normally get a situation like Chris and I, where we end up with book deals and a movie and no other repercussions. Most whistleblowers I’ve met lose their freedom.”
A hero may also remain in the spotlight longer than anticipated, as with Chris Smalls. And a successful whistleblower can face continued retaliation or harassment simply for being an agent of change.
Damage to future job prospects
In whistleblowing, you damage the reputation of a company that will appear on your resume. As Brittany Kaiser pointed out, “The company now has a reputation, so if you’re going to leave the company now, there’s no way that a human rights organization or a liberal politician is going to give you a job.” It is important for a potential whistleblower to save money or have a safety net of some sort to sustain themselves for a while.
Exile
For many whistleblowers, burning bridges at work means burning bridges with their social network as well. Cynthia Cooper’s entire community was centered around WorldCom when she blew the whistle on the company’s massive accounting fraud — her parents had even invested in WorldCom stock — making it all the more difficult to come forward (see Cynthia Cooper — WorldCom).
