Definition: A whistleblower is a person, who could be an employee of a company, or a government agency, disclosing information to the public or some higher authority about any wrongdoing, which could be in the form of fraud, corruption, etc. Show
Description: A whistleblower is a person who comes forward and shares his/her knowledge on any wrongdoing which he/she thinks is happening in the whole organisation or in a specific department. A whistleblower could be an employee, contractor, or a supplier who becomes aware of any illegal activities. To protect whistleblowers from losing their job or getting mistreated there are specific laws. Most companies have a separate policy which clearly states how to report such an incident. A whistleblower can file a lawsuit or register a complaint with higher authorities which will trigger a criminal investigation against the company or any individual department. There are two types of whistleblowers: internal and external. Internal whistleblowers are those who report the misconduct, fraud, or indiscipline to senior officers of the organisation such as Head Human Resource or CEO. External whistleblowing is a term used when whistleblowers report the wrongdoings to people outside the organisation such as the media, higher government officials, or police. The crime or wrongdoing could be in the form of fraud, deceiving employees, corruptions, or any other act which misleads people. The Whistle Blowers Protection Act, 2011 lays down the complete framework to investigate alleged cases of wrongdoing. There is one name which pops up in history whenever we talk about 'whistleblowers' and that is Edward Joseph Snowden. He was a former CIA employee who leaked classified and restricted information to the public from the United States National Security Agency in 2013. Speaking up is hard. In this article, find out how to speak up effectively and protect yourself in the process.
 Help, I’m a whistleblower! Tips when speaking up Speaking up is hard. In this article, find out how to speak up effectively and protect yourself in the process. Whistleblower protection: What franchise companies need to know Franchise companies face unique compliance challenges. Read how to protect yourself and your franchisees. If so, it is important that you know the laws involved and what may happen when you decide to come forward. Whether you are an external or internal whistleblower may play a major role in what happens next. You should understand what these terms mean so that you can decide how to handle your claims. In this short guide, you’ll learn what whistleblowing is, and how to tell the difference between internal and external whistleblowing. You’ll learn how to decide between these two options, and how a lawyer can help you if you face retaliation for your choice.
What happens when you become a whistleblower? What is Considered Whistleblowing?Have Questions?Let's See If You Have a Case... Thank You! Your request has been submitted! Do you have insider knowledge of fraud? Yes No GET STARTED NOW Which best describes the nature of the fraud..? NEXT STEP Are you still employed with the company? Yes No NEXT STEP Number of employees at the company? ALMOST DONE Please describe briefly the nature of your case... JUST 1 MORE STEP How to best contact with information about your potential False Claims Act case? REVIEW MY CASE Whistleblowing refers to the act of reporting waste, fraud, corruption, or other misconduct and abuses. You can report wrongdoings that occur at either public or private organizations, but not all abuses are against the law. When the violations you’re reporting are against the law (for example; when they include fraud against government programs) the False Claims Act (FCA) may apply. The FCA does not apply to all types of whistleblowing. Knowing the difference between external and internal whistleblowing and the protections afforded to whistleblowers who make a protected disclosure is vital to achieving a meaningful and successful resolution. What role does the FCA play in whistleblowing cases?The FCA imposes significant penalties against persons or companies who defraud government programs. Health care and military contracting programs are particularly susceptible to fraud, so this law encourages whistleblowers to report this fraud by offering them a reward. The law includes a qui tam provision that allows whistleblowers to file actions on behalf of the government. If the action is successful, whistleblowers may be rewarded with a percentage of all funds that are recovered. In the past, whistleblowers have earned millions of dollars after being a part of a successful FCA case.
What is the Difference Between External and Internal WhistleblowingBefore you blow the whistle about any practice in your workplace, you should decide whether you are going to be an external whistleblower or an internal one. To make this decision more effectively, you should understand them both. The following will help you understand the difference between these types of whistleblowers, and help you understand how to make a protected disclosure in each case. The path you and your attorney choose will ensure you protect yourself and help end the misconduct more effectively. Should I be an External or Internal Whistleblower?It can be challenging to decide if you should take your reports outside your organization. You should consider speaking to a lawyer before you make a decision. Whistleblowers are commonly subject to retaliation or reprisals for blowing the whistle and should be considered before coming forward with what you know. Asking yourself the following questions may help you consider all the factors:
Is the misconduct against the law?Some misconduct may be a violation of your organization’s ethical or behavioral standards, but it may not rise to the level of illegal behavior. In cases like these, you should make internal reports to resolve the misconduct. You should consult a lawyer if you are unsure whether the behavior you’ve witnessed qualifies as a crime.
Is the misconduct causing active harm?If you are aware of fraud against government programs, or practices that endanger others, you should consider making a report as quickly as possible. Making an external report may allow for the practices to be addressed more quickly.
Do you trust your organization to respond appropriately to accusations?You should think carefully about how your organization will handle your complaint before deciding to blow the whistle internally. Not all organizations cultivate a culture where reports are taken seriously. Filing an internal report can put you at risk of retaliation. It is illegal to retaliate against whistleblowers, but you may need a lawyer’s help to assert your rights.
How a Whistleblower Attorney Can HelpNot only can a whistleblower lawyer help you at every stage of internal or external whistleblowing, representation is required in qui tam cases where the relator brings suit on behalf of the government. Initially, however, your lawyer can help assess the legal merits of your case, review the protections afforded whistleblowers by law and help you protect your interests. Your lawyer will also be able to help you prepare for the investigation by telling you what information can be collected legally to avoid running afoul of the law on the whistleblowers part. If you are sitting on information and uncertain as to your next steps, take advantage of the offer for a confidential whistleblower attorney review of your potential case. Find out if you are eligible to file an FCA claim on behalf of the government, and if you decide to proceed, your lawyer will help you manage the case from start to finish. Which whistle blowing option is better for an organization internal or external why?For an organization, internal whistle-blowing is best. The concerned employee will report within the organization, and the concerned authority will take action per the laws and regulations.
What are the three types of whistleblowing?Whistleblowing can take various forms and examples of qualifying disclosures of information can include reporting any of the following:. A criminal offence;. Danger to health and safety;. The breach of a legal obligation;. Non-compliance with the law (failure to comply with any legal obligation or regulatory requirement);. What is true about internal whistle blowing?Internal whistleblowing is when someone makes a report within an organisation. Often companies implement whistleblowing channels for this purpose so that employees and other stakeholders can speak up if they become aware of misconduct. Employees can also report to their line manager.
Is known as an external whistle blower?External channels
External whistleblowers, however, report misconduct to outside people or entities. In these cases, depending on the nature of the information, whistleblowers may report the misconduct to lawyers, the media, law enforcement or watchdog agencies, or other local, state, or federal agencies.
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