Who is a Protected Whistleblower?
Whistleblowers come in a wide variety of types, but all of the following individuals may be protected: • The conscientious employee who suspects illegal or improper activity. • The nervous or misguided employee who misunderstands the facts and/or the law. • The vindictive current or former employee who has a grudge or vendetta against management. • The employee who anticipates discharge or discipline and hopes that whistleblower status will prevent adverse employment action. • The employee who looks for a potential violation to use as leverage in negotiating a voluntary or involuntary severance. • The employee caught in criminal conduct who blows the whistle to get a better deal with prosecutors or regulators. An employer should have in effect policies to ensure that potential whistleblowers will be treated in accordance with applicable laws. How Should the Employer Respond to Claims that the Company Has Acted Illegally? The employer’s response to a whistleblower should generally inclu