Whistle-blower (s) in a business setting
Whistle-blower (s) in any practical business context describes such person (s) who occasionally reports the management of an organization suspected of breaking certain legislations to a responsible entity. Most of the whistle-blower (s) are duly protected by some federal and state statutes to ensure minimum retaliation, for instance, firing or otherwise, being treated poorly (Vandekerckhove, & Lewis, 2012). Whistleblowers are principled and determined to expose certain organizational malpractices. Any possible abuse of jurisdiction or irresponsible behavior during business transactions will always attract the attention of most of the whistleblowers. Notably, there is a possibility of whistleblowers being wrong in their accusations with some ultimately proven to possess irresponsible attitude towards the management of an establishment (Moberly, 2012). Regardless of personal view on the role and relevance of whistleblowers, their assertions should always be taken into due consideration. An organization must scrutinize all the issues mentioned in the process and improve where necessary (Moberly, 2012).
Currently, there are numerous legal policies and trends in the U.S that aims at protecting individual whistleblower(s). Per se, increasing state and federal protection of such persons will encourage the employers to treat whistleblowers right.
Laws protecting whistleblowers
There are various state and federal legislations protecting whistleblowers in the U.S. For instance, the False Claims Act allowing personnel in an institution to report any fraudulent activity from the management. This federal statute also offers protection to informers from possible retribution by the specified organization. Remarkably, every state in the U.S has instituted unique versions of this act to provide necessary protection to whistleblowers.
The SOX (Sarbanes-Oxley Act of 2002) is also another set of statute offering protection to whistleblowers contracted in public corporations.
The act was instituted to respond to the numerous fraudulent activities by state firms (Moberly, 2012). The law provides the whistleblowers with the requisite protection against possible vengeance by the organization exposed (Moberly, 2012). For example, the whistleblowers cannot be discharged or fired by the employer for exposing such fraudulent activities. Similarly, the act prohibits the company from withholding pay and related incentives, threatening and harassing of these informers (Moberly, 2012). The statute further makes it compulsory for the employers to establish a legal suit against any executive who retaliate in any manner against the whistleblowers.
Attitudes to whistleblowing
Virtually all the whistleblowers will at one-time experience hostility and hostility from their employers who view them as betrayers of trust mostly for personal benefits (Moberly, 2012). To these employers, whistleblowing is like ‘biting the hands that are feeding you and still insisting on waiting for the banquet.’ This explains why instituting these legal statutes is essential to ensure the due protection these individuals (Moberly, 2012).
Significance of whistleblowing policies
Most of these state and federal legislations gives employees of an establishment the authority and responsibility to report and disclose wrongdoings from the decision-makers (Vandekerckhove, & Lewis, 2012). The policies also ensure that such individuals are protected from possible consequences and vengeance from the executives. Protecting whistleblowers will encourage reporting of possible misconduct and corruption in a public or private entity (Vandekerckhove, & Lewis, 2012). Establishments are also in a position to sense and thwart fraudulent activities increasing accountability and safeguarding organizational integrity. As such, the government should introduce monetary incentives to encourage whistleblowing.
Moberly, R. (2012). Sarbanes-Oxley’s whistleblower provisions: Ten years later. SCL Rev., 64, 1.
Moberly, R. (2012). The Workplace Law Agenda of the Obama Administration: Whistleblowers and the Obama Presidency: The National Security Dilemma. Empl. Rts. & Employ. Pol’y J., 16, 51-629.
Vandekerckhove, W., & Lewis, D. (2012). The content of whistleblowing procedures: A critical review of recent official guidelines. Journal of Business Ethics, 108(2), 253-264.