Friday 16 September 2016

Whistleblowers in the Workplace Have Changed Laws

Edward Snowden is perhaps the most famous whistleblower in the world today. But what exactly is a whistleblower? A whistleblower is someone who publicly exposes illegal or unethical activities within a corporation. This person can bring allegations to light by contacting a third party outside of an accused organization. Usually that third party is media, police or government, or an anonymous party such as Wikileaks, and in many cases can add a certain layer of protection to the whistleblower as the whistleblowers often face backlash from companies and even from fellow citizens.

Legal protection for whistleblowing varies from country to country and is dependent on how the issues and wrongdoings eventually became publicized. Many countries have now adopted whistleblower protection laws which are tools for reporting wrongdoing and provide legal protections to the people who reported them. Over 50 countries have adopted more limited protections as part of their anti-corruption, freedom of information, or employment laws. In the United States, legal protections vary according to the subject matter of the whistleblowing, and sometimes the state in which the case originated. Federal and state laws protect employees who call attention to violations, help with enforcement proceedings, or refuse to obey unlawful directions.

Galit Kierkut of the law firm Sills Cummis & Gross (Newark, Princeton and New York), who focuses on  employment litigation and counseling, attributes the increase in whistleblowing in the healthcare industry to a strong desire of employees to protect  patient health and safety. The public opinion of whistleblowers varies from selfless martyrs to traitors and even defectors. Even while doing what they strongly believe is ethically correct, whistleblowers can be ostracized by their co-workers, discriminated against by future potential employers, or even fired from their organization. More and more companies have implemented reporting hotlines, which allow employees to anonymously report violations without fear of retribution. Employers can benefit from this by reacting to and rectifying issues which, if came to light, could be wholly destructive.

Sills Cummis & Gross P.C. is a full-service corporate law firm with over 140 attorneys in New Jersey and New York.  The Firm’s work is diversified among industries such as pharmaceutical and medical device, health care, life sciences, banking and finance, retail and commercial real estate, manufacturing and technology.   Recently,  over 40 attorneys were named to the 2017 edition of Best Lawyers in America

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