...The Whistleblower Protection Enhancement Act With each subsequent Supreme Court decision relevant to the Whistleblower Protection Act, the scope of protected disclosures narrowed. The Whistleblower Protection Enhancement Act of 2012, however, restored and reinforced the original scope of the law and clarified that any disclosure that evidenced government waste fraud or abuse is a protected disclosure. In fact, the law specifically notes the reversal of Horton v. Department of the Navy, Willis v. Department of Agriculture, and Meuwissen v. Department of Interior. In effect, congress mandated that “a whistleblower is not deprived of protection just because the disclosure was made to an individual, including a supervisor, who participated in the...
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...Whistleblower The text describes a whistleblower as an individual who exposes any kind of information or activity that is deemed illegal, unethical, or not correct within an organization that is either private or public to management or another official (Moran, 2008). They will review how whistleblowing is protected by law and how it affects individuals. The case study seeks to look at the case of Luke Sheldon and determine what law if any, supports his position. Whistleblowing is simply the act of reporting wrong doings. Those actions or alleged wrongdoing can be classified in several ways ranging from violation of company policy/rules, law, regulation, or threat to public interest/national security, fraud, and corruption. OSHA's Whistleblower Protection Program enforces the whistleblower provisions of more than twenty whistleblower statutes protecting employees who report violations. Section 11(c) of the OSH Act prohibits employers from discriminating against their employees for exercising their rights under the OSH Act (US Department of Labor). The rights include filing an OSHA complaint, participating in an inspection or talking to an inspector, reporting an injury, and raising a safety or health complaint with the employer. The Whistleblower Protection Act (“WPA”) of 1989 was designed as a method to safeguard workers who report these major violations of the law. The Act prevents them from being discharged or otherwise retaliated against by their employers. If workers...
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...Professor Timothy Griffin Strayer University Jan Jones July 19, 2015 Describe the key characteristics of a whistleblower, and briefly summarize one (1) researched instance of whistleblowing in one (1) publicly traded company within the last 12 months. Include the details of the issue that the whistleblower reported and the effect of the whistleblower’s actions on both the whistleblower himself and the company. A whistleblower is a person who exposes any kind of information or activity that is deemed illegal, dishonest, or not correct within an organization that is either private or public. The information of alleged wrongdoing can be classified in many ways: violation of company policy/rules, law, regulation, or threat to public interest/national security, as well as fraud, and corruption. Those that become whistleblowers can choose to bring information or allegations to surface either internally or externally. Internally, a whistleblower can bring his/her accusations to the attention of other people within the accused organization. Externally, a whistleblower can bring allegations to light by contacting a third party outside of an accused organization. He or she can reach out to the media, government, law enforcement, or those who are concerned. Whistleblowers also face stiff reprisal/retaliation from those who are accused or alleged of wrongdoing. One whistleblower-related story that came out August 2014 provide stark contrast as to the right way—and the wrong way—to handle...
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...Sarbanes-Oxley This document will describe the key characteristics of a whistleblower and briefly summarize on researched instance of Whistleblowing in one publically traded company within the last 12 months. It will include the details of the issue that the whistleblower reported and the effect of the whistleblower’s actions on both herself and the company. Next, it will evaluate whether or not the whistleblower was justified in reporting the company’s actions. Lastly, it will examine the extent to which the whistleblower would be protected under the Sarbanes-Oxley Act. Characteristics For many years, individuals have raised concerns about misconduct, unethical or illegal practices observed at their place of employment to reporters/media, employers’ ethics hotline, management, via labor law posters, or the Office of the Whistleblower. This included employees from private companies, non-profit organizations, and governmental agencies. Employees can report unethical actions regarding public safety, health, business practices, fraud, waste, and abuse. Keep in mind that is does not have to be an employee; it can also be a supplier, contractor, client or any individual who somehow becomes aware of the illegal activities. Despite the fact that unethical behavior occurs within the workplace, there are still several employees that are loyal to the law, the community and society as a whole. These people are known as whistleblowers. Publicly Traded Company One case in particular that was settled...
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...Debbie Laird Whistleblowers October 25, 2015 Law, Ethics and Corporate Government Whistleblowers The term “whistleblower” is sometimes referred to as snitch, rat, or disgruntled employee. In today’s business world with corruption such as that of Enron, which helped to make whistleblowing a household term, employees who witness corrupt or unethical business practices taking place need to have a channel and they need protection that if they blow the whistle, then they will be protected by the US Government. Being a whistleblower takes courage as whistleblowing is not an easy thing to do. To better understand whistleblowing, this paper attempts to define whistleblowers, the characteristics of whistleblowing and what motivates whistleblowing. This paper also includes the details of a whistleblowing case regarding JC Penney and their whistleblower, Robert Blatchford. A whistleblower is a person who exposes any kind of information or activity that is deemed dishonest, illegal, and unethical or corrupt (Miriam Webster Dictionary). A whistleblower can be described as a person or employee who is unselfishly motivated, who is practical, and who is uninterested in altering their behavior and someone who allow their own attitude to guide them. Sometimes, whistleblowers can be described as revengeful. Many times whistleblowers are very well educated people who hold professional positions in the business world. JC Penney is a national department store chain, based out of Texas, which...
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...Whistleblowers, as described in “Law and Ethics in the Business Environment”, are individuals who report illegal or unethical activity, usually executed by their employer. Most whistleblowers, who are at-will employees, are victims of retaliation by their employers, up to and including termination. These at-will employees are protected under numerous laws established by federal and state governments, which apply to both private and public employees. At-will employees are protected, in most states, by the common law approach that employees are not to be removed from a company unless he or she violates the employer’s handbook or policy statement. Tort law also protects at-will employees by awarding a whistleblower money damages for wrongful discharge. The most relevant law is that of the Sarbanes-Oxley Act of 2012, which protects employees who report fraud within public traded companies. In most instances, whistleblowers are long-term loyal employees who often must go to outside authorities or the media, only after their voices were not heard by company authority. (Halbert & Ingulli, 2012) I believe whistleblowing first protects the company’s internal and external customers. Without whistleblowers, a company can cause customers to endure physical or financial distress. Whistleblowing, under certain circumstances, can also protect the company and/or the whistleblower. The whistleblower can protect themselves from criminal charges if they report illegal activities which...
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...of this article is to increase awareness of the need for whistleblower policies for universities, governmental entities, and organizations. According to wikipedia, the free online encyclopedia, a whistleblower is a person who raises a concern about a wrongdoing occurring in an organization or body of people, usually this person would be from that same organization. Wikipedia states that whistle blowing is the disclosure to the public or to authorities, usually by an employee, of wrongdoing in a company or government department. Whistleblowing inside the workplace is the reporting, by employees or ex-employees, of wrongdoing such as fraud, malpractice, mismanagement, breach of health and safety law or any other illegal or unethical act, either on the part of management or by fellow employees, cited from wikipedia. A whistleblowing policy encourages staff to speak out if they have legitimate concerns about wrongdoings, as distinct from individual grievances, and establishes an accessible procedure for doing so. The policy may form part of a wider code of conduct. In order to encourage disclosure, many federal and state statutes prohibit employers from retaliating against an employee who files reports. The revealed misconduct may be classified in many ways; for example, a violation of a law, rule, regulation and/or a direct threat to public interest, such as fraud, health/safety violations, and corruption. Whistleblowers may make their allegations internally (for example, to other...
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...outside of the workplace or even the employer and the employee does not necessarily have to be directly affected by the illegal activity to have the right to disclose it. The general consensus is that an employee who makes a “protected disclosure” that is in the public interest should be protected by law from any unfair treatment resulting in making the disclosure. In this essay I will evaluate whether the law protects whistleblowers adequately. Prior to the Public Interest Disclosure Act 1998 coming into force on the 2nd of July 1999, whistleblowers did not have protection against unfair dismissal. Employees who attempted to expose of illegal activity would face open discrimination by their bosses and fellow employees, they would also face disciplinary action and were often denied of career advancement. The Public Interest Disclosure Act 1998 came into force to protect workers and a worker in this context includes most workers in the public, private and voluntary sectors. The Act does not apply to self-employed workers other than those in the NHS, and voluntary workers such as charity trustees and charity volunteers and police officers. However, not all information that is disclosed by a worker can be protected and if the act cannot protect the whistleblower then they might be in breach of their duty as a worker not to disclose confidential information to the public. An example of this was in Re a Company’s Application (1989) whereby the plaintiff’s company supplied financial...
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...are not motivated to disclose because of lack of interest. It is situational rather than being personal because if an individual found that the actions were very wrong and very sure that they happened they would disclose. There have been laws enactments that will ensure that the employees are protected from whistleblowing and that every public company should have a whistle blowing by employee process in place; McGill whistle blown on NEON and NSF conspiracy, to evade the prohibition against payment of certain costs to Government grantees such as, foreign travels. The audit which was later overruled. McGill gave information on non-procedural overruling on the audit which violates the government’s standards of auditing. It was very proper for McGill to have whistle blown on illegalities in these organizations. The public is losing millions of shillings through such illegal practices and whistleblowers are there to save the government of further losses. He also exposed the malpractices of the senior senate officials which was a great wake-up call to the public on the misbehaviors by public officials mandated by electorates to represent them. He has a great reputation for being a whistleblower within the government and keeps the government in constant check from behind the scene. The Sarbanes-Oxley act will go a long way in protecting corporate...
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...work. In this assignment in capacity of the Chief operating Officer of the company, I would like to address some of the personnel problems that require immediate attention before the Initial Public Offering (IPO) of the company. Scenario 1.In this scenario John’s action of posting a negative statement on Facebook is truly unprofessional and unethical. According to the National Labour Relations Board, criticism by the employee over social networking sites is a protected activity that employers should not violate by punishing workers for such statements. Hence it prohibits employers to retaliate against employees for communicating with each other online or in person. John cannot be legally fired. This action will surely impact the operations of the company, and hence to limit the liability and impact on the company as a COO of the company I would simply organise a training to revive the code of ethics and conduct for the individuals working in the company. This will expain the employees the character that they should maintain and the corporate governance. The theory of virtue ethics supports...
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...Assignment 1: Employment -At-Will Doctrine J W Professor Augustine Weekley LEG 500 Law, Ethics, and Corporate Governance February 2, 2014 Summarize the employment-at-will doctrine and evaluate each of the eight (8) scenarios described by determining: · Whether you can legally fire the employee; include an assessment of any pertinent exceptions to the employment-at-will doctrine. · What action you should take to limit liability and impact on operations; specify which ethical theory best supports your decision. At-will employment is a common practice often confused with other employment laws. With the exception of employees under contract and many public sector employment relationships, at-will employment means an employee or employer can end the working relationship at any time for any reason. At-will employment means the employment relationship between employee and employer is not permanent. Strong job performance, perfect attendance and record sales figures cannot guarantee job stability. However, a downward spiral in the economy or organizational changes can almost guarantee changes within employment relationships. At-will employment is most appropriately defined as an employment relationship that can end at any time, for whatever reason as long as the employer does not base the termination on discriminatory reasons (Mayhew, 2012).Employment at will is a legal rule that developed in the nineteenth century, giving employers unfettered power to “dismiss...
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...blower has become an important part of the American business landscape. So what is a whistle blower? According to Blacks Law Dictionary, a whistleblower is an employee who turns against their superiors to bring a[n] problem out in the open. BusinessDictionary.com states that a whistle blower is a person who discloses improper or criminal activity within an organization. Finally, under Sarbanes Oxley, “A “whistleblower” is someone, usually an employee, who reports an employer who has broken the law to an outside agency.” Under this very important act, whistleblowers are protected by federal and state laws. Employers may not retaliate against them for reporting misconduct. Whistleblowers may not be fired or otherwise mistreated, and in some instances the government may reimburse them for costs incurred as a result of reporting. Most importantly, the federally enacted statute of Dodd – Frank defines a whistle blower as, “Any individual who provides . . . information relating to a violation of the securities laws to the Commission in a manner established, by rule or regulation, by the Commission.” There are two types of whistle blowers: external and internal. An internal whistle blower is a person who reports misconduct on a fellow employee or superior within their company. One important ethical question with respect to internal whistleblowers is why and under what circumstances people will either act on the spot to stop illegal and otherwise unacceptable behavior or report it?...
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...An Analysis of Current Whistleblower Laws: Defending a More Flexible Approach to Reporting Requirements Gerard Sinzdak' INTRODUCTION Sherron Watkins is regarded as a hero for her decision to blow the whistle on the illegal activities of her employer Enron.' Had Enron survived the resulting scandal, however, the company could have fired or otherwise retaliated against Watkins with legal impunity.'^ Under Texas's whistleblower law, employees of private employers receive legal protection against retaliation only if they report wrongdoing to an external law enforcement agency. Because Watkins reported her concerns only to Enron CEO Kenneth Lay, her actions did not meet Texas's strict report recipient requirement.' The Texas whistleblower law is not unique. Most state whistleblower statutes restrict the parties to whom a whistleblower may report in order to receive protection from retaliation.^ The majority of states, for example, protect only those employees' who file reports with external govemment bodies. In Copyright © 2008 Califomia Law Review, Inc. Califomia Law Review, Inc. (CLR) is a Califomia nonprofit corporation. CLR and the authors are solely responsible for the content of their publications. t J.D., University of Califomia, Berkeley School of Law (Boalt Hall), 2008. I would like to thank Professor Gillian Lester for her guidance and assistance with this Comment. 1. Richard Lacayo & Amanda Ripley, Persons of the Year, TIME, Dec. 30, 2002, at 30. 2...
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...Employment-At-Will Doctrine Tonia M. Igo Strayer University LEG500 Professor Renee Berry February 10, 2015 Employment-At-Will Doctrine 2 “See only that thou work; and thou canst not escape the reward” -Ralph Waldo Emerson Introduction While many Americans agree that satisfactory job performance should be rewarded with job security, amongst other benefits, the United States is the only major industrial power that maintains a general employment-at-will doctrine. As written, this doctrine is a legal ruling which gives employers broad discretion to fire employees “for a good reason, a bad reason, or no reason at all”, (Halbert & Ingulli, 2012). Likewise, an employee can quit a job at any time without legal consequences. However, it is my opinion that this doctrine provides little legal protection for at will employees; it rather serves to empower the employer because it also allows the employer to change its policies or terms of employment without notice or explanation. For instance, an employer can adjust wages, benefits, or reduce paid time off leaving at will employees at risk for sudden dismissal, modified work schedule, and unannounced decreases in pay and/or benefits. Late in the 19th century, employment at will came under heavy fire in the United States resulting in revision of state legislation to implement exceptions to the rule. Guidelines relating to employment at will are still developing in many states. The common exceptions are: (1) breach of contract by the employer...
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...“individual’s race, color, religion, sex, or national origin” (Halbert & Ingulli, 2012, p134). An individual can also not be fired based on a disability or due to filing a workman’s comp claim. Imagine you are a recently-hired Chief Operating Officer (COO) in a midsize company preparing for an Initial Public Offering (IPO). You quickly discover multiple personnel problems that require your immediate attention. As an astute manager, you will need to analyze the employment-at-will doctrine and determine what, if any, exceptions and liabilities exist before taking any action. * Whether you can legally fire the employee; include an assessment of any pertinent exceptions to the employment-at-will doctrine. * What action you should take to limit liability and impact on operations; specify which ethical theory best supports your decision. * John posted a rant on his Facebook page in which he criticized the company’s most important customer. John’s actions took place on his own time, and the information was posted on his personal site. The action from the company would depend on whether...
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