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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
Author Bio
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 bartender and a
freelance writer.
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