Disruptive Behavior/Disorderly Conduct
Disruptive behavior is any behavior that interferes with work processes or flow. The behavior is severe enough that it hinders other employees from doing their jobs. Often the behavior includes aggression towards other employees, verbal arguments, or threats of violence. While this behavior should never be tolerated at the workplace, if a whistleblower experiences a situation where they feel threatened by the behavior, they should immediately escalate to the onsite supervisor and follow up with the onsite security personnel.
The disruptive employee should be asked to leave immediately; however, should the person remain, the whistleblower should stay away from the person and personally document the incident if they feel safe enough to do so. The whistleblower should always remain professional and should never incite further conflict.
If the disruptive behavior escalates to disorderly conduct, the whistleblower should immediately depart from the area. Disorderly conduct includes actions such as yelling profanity, making obscene gestures, and inciting physical harm. Do not remain in the area since you do not want to find yourself in a physical altercation. The whistleblower should immediately contact onsite security and the local police. Most states have penalties against disorderly conduct and the person could be fined or even arrested and charged with a misdemeanor offense. If the disorderly person continues to engage in threats, the whistleblower can file for a restraining order, injunction, or other similar legal remedies.
Harassment
No one should have to endure harassment; however, due to their whistleblowing actions, whistleblowers have experienced harassing acts that may cause them physical or mental harm. The US Equal Employment Opportunity Commission (EEOC) defines harassment as “unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history). Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.” Harassment | U.S. Equal Employment Opportunity Commission (eeoc.gov)
Should a whistleblower encounter a situation or an environment where you feel harassment is taking place, first (if sufficiently comfortable) tell the harasser that their behavior is making you uncomfortable and it is unwelcome. Make note of the date and time you do this; keep these notes for yourself and later for an investigator, should the treatment continue. If the whistleblower’s environment has become hostile or abusive and there is no doubt that you are experiencing harassment, the situation should be immediately escalated to your direct supervisor if the harassment takes place in a work setting. Report the incident(s) to the office’s EEOC representative and provide any examples and/or notes that you have to the representative.
If the harassment takes place in a setting other than the workplace, it is still harassment. Federal law protects you regardless of the site of harassment. Follow the above steps and take notes. Be sure to document the place, time, witnesses, and anything else that could be useful when you report the harassment.
When a person violates a whistleblower’s personal space and harasses you, that person may be dangerous. If nothing else, the harasser is unpredictable. Regardless of where the harassment takes place, if a whistleblower feels afraid that someone may physically hurt or harm you, immediately call the police.
Stalking/Unsolicited Surveillance
Persons that are angry with a whistleblower’s actions could try to scare the whistleblower by stalking them. Stalking is the unwanted and/or repeated unsolicited surveillance of someone. It involves behaviors that could make the whistleblower feel scared or unsafe. If a whistleblower feels as if they are being stalked, trust your instincts. Tell someone, alert your close friends, family, and/or trusted neighbors. Try to avoid being alone in public places. If possible, do not travel alone. If you must, avoid daily routines, and vary your routes and/or locations you might often visit.
If you have seen the potential stalker, take note of the physical features and any identifying characteristics. If you are in a safe place to do so, take a photo of them. If you feel like you are in immediate danger, escalate by calling the police. Provide as much information as you can about places where you have seen the stalker near you; if you have photos, provide them to the police. The police might advise you to get a protective order against the person stalking you. If you so, be sure to carry the order with you at all times. While this will not necessarily stop the stalking actions, it is at least another step in protecting yourself.
Most states have legislation that addresses stalking. Stalking is a misdemeanor and a stalker could serve a jail term between 2–5 years as well as possible fines varying from $1000 to $5000.
Unsolicited Approaches by Journalists
Whistleblowers should be aware that their cases could garner attention and their identities could be revealed. Should that happen, journalists from all types of media outlets might approach a whistleblower without warning. Should this occur, do not act rudely — you do not know if you are on a live camera feed and/or recording. Instead, act professionally. If you do not wish to speak with the journalist, simply say so, direct them to another source, or politely walk away.
If the journalist is persistent and the whistleblower is not at liberty to disclose information or does not wish to speak with him or her, then simply tell them that you cannot talk about the case. Journalists who approach whistleblowers should have some sense of the law and should understand the ethical and/or legal issues that come with unsolicited interviews where the whistleblower feels threatened.
If all else fails and the journalist will not leave you alone, call on the on-duty security where you are or call the police. Take note of the journalist’s identification and the publication he or she represents. Log the information in a phone for safekeeping in case your name and/or the interaction with the journalist becomes public knowledge. The whistleblower can most likely find the journalist’s contact information via LinkedIn or the publication’s website. The whistleblower can contact the journalist’s supervisor and report the incident and ask for the confrontation not to be published on the media site.
If you are considering speaking to the press later, ask the journalist to provide you with a business card for later contact should you desire an interview. Seek counsel on how to publicly discuss your case.
Unsolicited Camera/Photos
While it might not be illegal to photograph someone without his or her permission, the whistleblower might feel violated. Cameras and camera phones are a convenient way to take, save, and/or send photos; however, should the whistleblower experience unsolicited photos and/or filming, it is not against the law for someone to do so. While photography in a public setting might feel like an invasion of privacy, the photographer is within his or her right to take the photo. The easiest thing for the whistleblower to do to stop the action is to simply ask the person to stop and/or leave the area.
Unfortunately, by law, unless the person being photographed is undressed, the unknown person is within their rights to photograph you publicly. On the other hand, if the photographer uses the photo to defame the whistleblower by causing harm to his or her reputation or creating a false representation, the whistleblower should contact his or her attorney to discuss the best course of actions to include possible legal action.
Violent Protest
It is a 1st Amendment right to protest; however, if the whistleblower is in the middle of a protest that has turned violent, try to remove yourself immediately. If you are alone, immediately contact your family or friends to let them know your whereabouts. Stay away from anyone who appears to be the protest leader. Break away from the group and leave the area by walking briskly. Do not run. Running could draw unwanted or unwarranted attention to you. Keep calm and try to avoid displaying any hostility or anger. If a shooting breaks out, immediately drop to the ground, lie flat, and cover your head with your hands. Seek safety as soon as you are able to do so. If you have sustained an injury, seek medical attention. Report loss or damage to the local police.
Civil Disturbance
Civil disturbances, or unrest, can cause a variety of subsequent issues such as violence and assault, disorderly conduct, and/or vandalism. In the event of a civil disturbance in the vicinity of a whistleblower at a public function or a whistleblower’s private residence, all occupants should remain where they feel safest. Escalate the situation to your local law enforcement department and DO NOT attempt to de-escalate the situation on your own.
It is imperative that you give vital information such as (i) the exact location of the situation; (ii) the suspect(s) description, including if any weapons were seen; (iii) the direction of travel, if known, in the event the suspect(s) has left the scene; and (iv) a brief report of the event. If you are in a threatened location and can remove yourself, do so immediately before making the notification(s).
The civil disturbance witness should communicate the necessary information to management to keep them up to date on the situation. Where possible, in an interior location, the whistleblower may consider any or all the following actions to protect themselves and their property:
- Close and lock all external doors — considering the need for emergency egress.
- Make special arrangements for any visitors to leave the premises safely.
- Secure essential or confidential records; consider backing up important computer files and lock away files and papers.
- Ensure that all home and/or office room doors, and non-public areas are sealed off or locked.
- Ensure someone knows your whereabouts.
- Avoid physical conflict with persons even if provoked.
- Follow verbal instructions of the police.
- Consider evacuation if your safety is at risk.
