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An employee who reports a wrongdoing — a whistleblower — must not be disadvantaged for doing so. The Whistleblower Protection Act protects whistleblowers and requires many employers to have an internal reporting procedure. If you do not handle this carefully, you risk legal problems.
Whistleblowers are protected
In the past, it was common for employees who reported a wrongdoing to be disadvantaged, suspended, or dismissed. The legislator considers this unacceptable: anyone who reports a wrongdoing in good faith deserves protection. The Whistleblower Protection Act regulates this protection and sets requirements for employers.
Mandatory internal reporting procedure
Employers with a certain number of employees or more are required to have an internal reporting procedure: a clear channel through which employees can safely and confidentially report suspected misconduct. The procedure must, among other things, ensure that reports are treated seriously and carefully and that the identity of the whistleblower is protected.
The prohibition against causing disadvantage
A whistleblower must not be disadvantaged because of their report. This prohibition is broad: it applies not only to dismissal, but also to matters such as demotion, a poor performance review, bullying, or the withholding of promotion. Moreover, the burden of proof is often reversed: you must be able to demonstrate that an adverse measure has absolutely nothing to do with the report.
How do you handle it properly?
Ensure a correct reporting procedure, take reports seriously and investigate them thoroughly, and protect the whistleblower from prejudice. Do not react out of irritation, but professionally. A good approach not only prevents legal problems but also helps you resolve genuine wrongdoing in a timely manner.
Frequently Asked Questions
Am I allowed to fire a whistleblower?
Not because of his report. The prohibition against detrimental treatment protects whistleblowers against dismissal and other adverse measures.
Do I need a reporting procedure?
Employers with a certain number of employees or more are required to have an internal reporting procedure.
Who must prove that a measure is unrelated to the report?
Often you as the employer: a reversal of the burden of proof frequently applies.
Is your whistleblower policy in order?
Our legal experts draft a reporting procedure and incorporate it into your employee handbook. View our employment lawteam or schedule a free consultation.
