Business forum: Whistle-blowers first must know the tune

  • Article by: NAN DeMARS
  • Updated: April 20, 2008 - 10:27 PM

Blowing the whistle on wrongdoing is a decision fraught with risk. Before doing so, consider your ability to prevail.

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Whistle-blowing can involve enormous risk to both reputation and livelihood and often raises the question: Is doing the right thing always the right thing to do?

Retaliation too often is the consequence. Just ask the two courageous Federal Aviation Administration whistle-blowers who recently testified before Congress regarding the agency's airline safety lapses. Both said they were harassed for simply doing their jobs. Once you blow the whistle, you often are marked as a "troublemaker" or "not a team player."

Your choice is both epic and simple: To do something, or to do nothing. There is no comforting in-between. And no going back. Speaking up can start a series of events that are almost impossible to fully anticipate, and your job, your family and even your health may be drawn into the whirlwind.

On the flip side, turning a blind eye may cause a tremendous sense of guilt and remorse. The decision to act is highly individual and complex, and must be deeply considered.

The term "whistle-blower" has become a catchall description for any employee who learns of any illegal or unethical activity and reports it. But not all whistle-blowing activities are protected by the Sarbanes Oxley Act, the False Claim Act, the Whistleblower Protection Act or any of the other 50-plus federal whistle-blower and anti-retaliation laws.

If you presume to embarrass your employer by telling the company's dirty little secrets, you have to be prepared for some form of retribution. Sherron Watkins, Enron's whistle-blower, has been quoted as saying she was not popular walking the halls of Enron. After all, thousands of employees lost their jobs and retirements.

Cynthia Cooper, WorldCom's whistle-blower, recently said: "For me, this was the most difficult thing I have gone through in my lifetime. There were times when I was scared to death."

Should you consider such action, be certain your motives are above reproach. If you are due for a poor performance review, are competing for a promotion, or are about to receive your final bad-conduct notice, your self-interests compromise your ethical stance, as well as your case.

Expect to be asked if you have participated in conduct similar to that you are complaining about. And expect to be quizzed about whether you have an ax to grind because of a promotion recently denied or pending allegations against you.

Expect to be challenged with the charge you are filing a false claim. And, be sure you can answer the claims with a completely clean conscience.

Coleen Rowley, the FBI-agent-turned-whistle-blower, adds these requirements:

• The issue must be significant.

• It cannot spring from personal motivation but must be for the good of others.

• Without any exaggeration, one must have a well-founded belief to the point of being almost certain of the validity of one's concern.

• Proceed by the most constructive way of bringing the concern to light.

In addition to following guidelines from the Government Accountability Project, a whistle-blower protection agency, I suggest these survival strategies, in this order:

• Exhaust all possibilities of any reasonable way to work within the system.

• Get a legal opinion from an attorney specifically trained in this new subspecialty of employment law.

• Talk to your family and close friends about your consideration (without revealing details).

Kind of feels like getting ready for battle, doesn't it? That's an appropriate frame of mind. While dozens of new federal and state laws protect whistle-blowers, there are no guarantees you will prevail. Just being right is not enough these days.

Final consideration

The whistle-blowing arena is both evolving and volatile. You will be plunging into something larger than your personal and professional life. In effect, you may have to sacrifice both of those for a larger ideal. This is not for the faint of heart!

We are all defined by and responsible for our own behavior and for following our own moral compasses.

As with anything challenging in life, the stakes may be high, but they may also be worthwhile in the long run. The preservation of your personal integrity, a shining beacon that guides us all through life, is both the price you pay as it comes under fire and the reward you may reap at the end of the day. And that may be all the reward you need.

  • Nan DeMars is author of "You Want Me To Do What? When/ Where & How to Draw the Line at Work.'' She's also president of Executary Services, an Edina-based search, seminar and consulting firm. She can be reached at www.office-ethics.com.

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