graphic File man graphic Progress: 25 percent heading level 3 Chapter 1 heading level 1 Blowing the Whistle May Be Hazardous to Your Professional Health LEGAL DISCLAIMER: The material in this e course is provided for informational purposes only. Nothing in this email should be construed as legal advice. Before you act on any of the material in this guide, the authors STRONGLY urge you to seek legal counsel. Consider for a moment the whistleblowers from the Department of Veterans Affairs (VA) who came forward in 2014 to expose the lack of adequate medical care that veterans were receiving. The disclosures from a few brave whistleblowers ignited a mass of reports from others within the VA. After a wave of investigative reports, cable news stories, and congressional hearings, Secretary Eric Shinseki and others resigned. While this was certainly a victory for transparency and accountability in the government, it came at a cost. Many of these whistleblowers faced retaliation from the agency. The Government Accountability Office reported in 2018 that VA whistleblowers were 10 times more likely to receive disciplinary action within a year of reporting misconduct than VA employees who were not whistleblowers. That’s why whistleblowing is not for the fainthearted in fact, too often, the more successful whistleblowers are in bringing about reform, the more threatening they become to others within their organizations. This can increase the likelihood and severity of retaliation against them. We mentioned in the introduction that whistleblowing is dangerous, but here we more fully outline the aspects of whistleblowing that you need to carefully consider before taking action. (In chapter 2 we will discuss viable alternatives to whistleblowing.) So let’s talk frankly about how and why blowing the whistle may be hazardous to your professional health. graphic whistle heading level 2 Downsides are apparent First, we must remember that for every lionized, celebrated whistleblower who has gained fame as an American hero, there are many more who suffered in silence and who continue to suffer in the shadows. Whether you are working to expose wrongdoing in a government agency or a corporation, remember that your opponent has greater financial and legal resources than any individual or small group of individuals. You could be subjected to: list with 2 items bullet Ostracism. Once friendly supervisors, colleagues, or subordinates start to keep their distance from you. bullet Planned obsolescence. You are transferred to a position in an isolated office, you are given less interesting projects, or your responsibilities are removed altogether in order to force you out of the organization. out of list And that’s just the beginning. You may also experience: list with 5 items bullet Retaliatory investigations. Your organization alleges you committed misconduct similar to what you’re charging the organization with or accusations that are even more extreme. bullet Record building against you. The organization builds up a list of minor offenses that you committed over the course of time in order to justify punishment. Ultimately, this can culminate in termination. bullet Questioning of your credibility. The organization attempts to undermine your credibility by questioning your honesty and integrity, or by ordering you to undergo a psychiatric exam. The organization can hide behind privacy laws to hint that there is a problem with you that they are not at liberty to disclose. bullet Being set up for failure. The organization assigns you overly complex tasks or sets impossible standards as a way to justify your termination or demotion. bullet Blacklisting. This ensures that you cannot find a new job in your chosen field after you leave the organization. out of list heading level 2 The center of attention Another major downside to deciding to become a whistleblower is that your message may get lost in the media whirlwind but by no fault of your own. Often, the media will focus on the individual’s personal tale for the sake of making a more compelling news story, while the offending organization will focus on attacking a whistleblower's character, personal life, or motive a strategy known as ad hominem rather than on the wrongdoing raised. Here are three reasons why this is a big deal: list with 3 items 1. You suffer and the story goes unnoticed. 2. The fight is in the organization’s favor. The organization has your personnel file. They can question your entire career and reputation, run through your emails, your work, or your performance appraisals with a fine tooth comb. Your word and the words of others can be taken out of context to show, for example, that you have a hidden agenda like revenge or ambition, that you were not a good employee, or even that the offense was actually your fault. 3. You may end up fighting a battle on two fronts. In the event you do suffer retaliation and have to seek recourse, the original offenses become a secondary issue you now have to emphasize the importance of the wrongdoing, but also defend your job. So you’re left to play offense and defense, while the organization gets to slip by in the shadows of your two front battle. out of list heading level 2 Look before you leap: A checklist for whistleblowers 1. Consult your loved ones Talk with your spouse, significant other, family, or close friends about your decisions. They will be your support group in what follows. If they do not agree with your decisions, you may want to reconsider this path. 2. Check for skeletons in your closet If there is something in your past that you do not want on the front page of a newspaper, reconsider your decision. One practical step is to make a copy of the complete contents of your personnel file as insurance that your employer cannot later slip new but backdated dirt into it. 3. Document, document, document carefully Keep lots of records, including a daily diary, of all relevant information. Your success can depend on the strength of the paper trail you create. Be prepared that you are taking a major risk in using institutional records. You could face criminal charges for unlawfully removing government records. A safer tactic could be hiding copies of paper records at the organization in a location that won’t attract attention (such as archives). In this way, when the organization denies their existence, the whistleblower can direct legal authorities to where they are. 4. Be aware of how you use your employer’s resources Don’t make disclosures on your work equipment or work time period. Make it clear that you don’t speak for the organization when meeting with media or other external entities or individuals, even off the clock. 5. Check to see who, if anyone, will support your account More than anything, solidarity will be your greatest asset. Find allies and use intermediaries when you can. By using a third party when you deal with external organizations or publications, you can ensure your anonymity as well as the security of your information. 6. Consult an attorney early Be careful to find an attorney who respects your goals as a whistleblower and be sure that you trust and are compatible with your attorney. 7. Choose your battleground carefully Pick the time and conditions where you will have the most impact. Release evidence incrementally not all at once (this way your story will continue to appear in headlines and in the news cycle). 8. Have a well thought out plan Try to anticipate the organization’s response AND how it will be perceived by government oversight committees, the media, etc. 9. Plan an exit strategy You need to think about how this will affect your career trajectory in one, two, or even ten years. Plan where you want to be professionally and geographically and how you expect to arrive at these places, given what may occur as a result of blowing the whistle. heading level 2 Often the better way: The path of anonymous whistleblowing Before preparing to risk your career, consider other ways to shed light on wrongdoing. Remember, the longer you can keep the spotlight on the issue and not you, the greater the chance that the problem will be addressed. Anonymous whistleblowing is not disloyalty or baseless accusations. It is an attempt to guarantee prolonged access to evidence (by not exposing yourself and potentially losing security clearances, privileges, etc.) and ensure focus remains on the message and not the messenger. We have seen that whistleblowing carries very serious risks and should not be taken lightly. In the next chapter, we will begin to outline the importance and process of anonymous whistleblowing: how you can maintain anonymity while still communicating the very real issues contained within an organization. link READ CHAPTER 1 right arrow Whistleblowing is not for the fainthearted. For more on what to expect and how to prepare yourself, read our full survival guide, Caught Between Conscience and Career. link Jump into Chapter 1 now dot table with 1 rows and 2 columns row 1 column 1 link View in browser link Unsubscribe Material for this e course is pulled from link Caught Between Conscience and Career , a joint effort of the Project On Government Oversight (POGO), Government Accountability Project, and Public Employees for Environmental Responsibiltiy (PEER). column 2 The Project On Government Oversight (POGO) is a nonpartisan independent watchdog that investigates and exposes waste, corruption, abuse of power, and when the government fails to serve the public or silences those who report wrongdoing. We champion reforms to achieve a more effective, ethical, and accountable federal government that safeguards constitutional principles. 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