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Before
blowing the whistle you should consider the following:
- Is what you observed
a violation of a law or regulation? Whistleblowers are generally protected
from retaliation if they cooperate with government investigations
into violations of laws and regulations.
- Do you have evidence
of the corruption? A successful whistleblower suit needs evidence.
Be sure to keep records and documentation.
- Did you break
any laws or regulations? Exposing corruption will not necessarily
relieve you of any liability. If you are worried about your own complicity,
seek independent legal advice.
- Do you know of
corruption by a publicly traded corporation? If so, you may be protected
by the new Sarbanes-Oxley Act. This law protects most whistleblowers
from retaliation if they expose corruption including violations of
federal law and regulation and misconduct that reduces shareholder
value. The US
Department of Labor investigates allegations of retaliation against
private whistleblowers.
- Are you a member
of a union/under an employment contract? Your union or other employment
contract may have specific provisions concerning whistleblower protections.
- Is the government
corruption you witnessed at the federal, state or local level? If
federal level, go to www.whistleblower.org for more information about your rights. If state level, contact the Office
of the Executive Inspector General. If local level, verify that
the government has enacted a whistleblower law. If so, follow the
rules of that law. If not, consult the Inspector General or Legal
Counsel for that government.
Want more advice?
Go to www.whistleblower.org for more tips and resources. The Office of Lieutenant Governor cannot
provide you with legal advice nor can we investigate allegations of
corruption.
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