Advice For Would Be Whistleblowers

Self-ImprovementAdvice

  • Author Darcy O'neil
  • Published October 31, 2005
  • Word count 1,362

They say no good deed goes unpunished and sadly that is the

truth in the world of the whistleblower. The theory on 'whistle

blowing' is that the individual is helping the community, and

following their ethics, by reporting the offending person or

company. The risk of recrimination is very high and usually

results in a long and difficult fight for the whistleblower.

This battle will likely including legal threats and character

assassination.

So what can you do to protect yourself when you do blow the

whistle? Having been through this process I have gain some

insight on how best to handle the situation.

  1. Documentation :: Once you suspect that something is wrong

you should begin documenting. Start by taking notes in a log

book or note pad. This information will be helpful when you

need to tell your story and will provide the detail needed to

track down further evidence of wrong doing. Next, start

collecting pertinent documents. The best way is to copy

documents (photocopy, computers docs, etc.). When you think you

have enough, double it. Pictures, phone recordings, documents,

conversations, e-mails are all important and should be noted

when possible. There can never be enough documentation. Once

the authorities begin investigation documents had a tendency to

disappear.

Many people who don't know the laws will try to tell you that

these methods are illegal. The fact is they are not. In Canada

it is legal to record a conversation or phone call as long as

one of the parties is participating in the conversation. The

removal of documents from the workplace is a gray area. Under

normal circumstances removing company information is illegal,

however when it is evidence it can be collected. In a Canadian

court all evidence will be considered. Check with your

governments laws or speak with a lawyer before taking any

risks.

  1. Minimize Your Exposure :: When you draw up the courage, and

support, to finally report the issues there are a few things

you need to do. First, it is best if you stay at your job while

you report the issues. Sometimes the authorities will ask you

questions, that will help them with their investigation, and

being at the location is beneficial. Ask to be kept anonymous,

if possible, but sometimes this can't be done. Next, get your

resume polished up and start sending it out. Then prepare

financially by locating your employment insurance office. Tell

them that you are blowing the whistle on your employer and you

may be fired for it. Provide the person with the contact names

of whichever authority you contacted. The idea is to build a

repour, so if bad things happen, people will know the facts.

Don't loose that all important safety net.

  1. Go with your Instincts :: Most people will tell you not to

blow the whistle because there are no winners. They are

partially right, but without your courage people will get hurt,

the rich will get richer and abuse their powers. You can change

that by doing what you feel it right. We often cloud our

thinking with other peoples perceptions, but only you can

determine what to do. Most of the time your instinct are right

and you should trust them. If you listen to others and they

convince not to go with your instincts, and then something bad

happens, you have to live with the consequences, not them.

  1. Be Patient :: Nothing happens quickly no matter how fast you

want to be done with it. The reality is that things will go much

slower than you ever expected them too. The best way to make

sure things are moving is to do some research. For example, if

you file a complaint against a medical professional, the

regulatory College that receives the complaint will have a

complaints process. However, this is usually regulated by a

government agency that has legislation regarding complaints. In

Ontario all complaints must be handled in 120 days. If not, you

can contact the Health Professions Appeal & Review Board and

they will contact the College and accelerate the process.

Some other tips to accelerate the process include contacting

your local politician, begin a letter writing campaign to media

outlets and compiling your story onto an internet site. Be

persistent when dealing with each agency, don't accept their

statements at face value and always follow up.

  1. The Media is Not a Solution :: They can help but you have to

convince them to write the story. Many times it may take months

for them to move. Remember they don't want any liability, they

are a profit motivated company and will only publish story's

that make them a dollar. If your former employer is litigious,

they will probably be too scared to publish. The media has no

problem reporting history, so once a final verdict is reached,

by the authorities, they will write a story. Unfortunately it

will be to late to help you.

Some of the smaller media outlets may be more willing to help

you. Take a look at freelance writers, who may spend more time

working on your story and getting the facts. They also have the

contacts you need to get it published.

  1. Prepare for an Attack on your Character and Legal Threats ::

The person or company you are dealing with will not let things

go easily. The first response will be to discredit you. If you

look like an disgruntled employee or someone with a vendetta

then your story will be less believable. It's easy for the

person or company to do this. If they were unethical to start

with, it's not a huge leap for them start lying about you after

you report them. There isn't much you can do except try to

disprove they're statements. Use the document you gathered to

clearly show that they are the guilty party and you were just

being ethical. In the end your efforts will be recognized. You

will probably receive a cease and desist letter, don't be

overly concerned as this is most likely posturing. If you are

worried, speak with a lawyer.

  1. Use Lawyers Sparingly :: Nobody can fight with the passion

you have and no lawyer will ever put the amount of effort you

already have into your fight. Replying to a cease and desist

letter is easy, just stick with the facts, provide the evidence

and take the high road. Most lawyers will act like an 600 lb

gorilla, your job is to be bigger. In all likelihood they won't

want to take this issue to a public forum, like a court room,

especially if you have documented the case very well. That

would give you a perfect opportunity to invite the media and

lay your case out. Examples of cease and desist responses can

be found at http://www.snakeoil.ca.

If you need legal advice, get it, but don't let the lawyer

bleed you dry. Have your questions prepared on paper and sit

down with the lawyer and discuss the issue. If they charge a

minimum of one hour time, use it all. One good thing to do is

prepare a short summary of the facts in your case, and fax it

in to the law office. Don't ask question in the letter. Blowing

the whistle is stressful enough without having thousands of

dollars in legal fees.

Some people will tell you not to let the event consume you. If

it does consume you, it will affect other parts of your life.

But sometimes focussing your energy can be better if it will

resolve the issue quicker. It's better to throw your whole

heart into the matter, rather than fight with yourself. It is

difficult to not be consumed. My advice is to simply go with

it. The harder you work the quicker the issue will be resolved

and the sooner you can get on with your life.

The is no reward for doing a good deed, that's only in movies.

In the end however you should have the satisfaction that you

made your community or country a better place. People will

respect you for your efforts and hopefully inspire then to do

something good and that is a reward in itself.

Darcy O'Neil is a chemical technologist, who

became a pharmaceutical whistleblower. His experiences,

including the evidence, legal threats and decisions can be

found at http://www.snakeoil.ca. Darcy is currently working as

a freelance writer, activist and bartender.

Article source: https://articlebiz.com
This article has been viewed 1,951 times.

Rate article

Article comments

There are no posted comments.