Few people expect to become whistleblowers — until they’re confronted with illegal actions in their workplace and realize they need to speak up.

How do you approach something as significant as reporting wrongdoing by your employer? At Keller Grover, we specialize in helping whistleblowers. While we understand your questions and concerns might seem overwhelming, we’re here to help you navigate the process.

Here are 5 things to consider if you’re faced with the question of whether to become a whistleblower:

1. Get a clear picture: Particularly if you’re new on the job, pay attention and make sure you’re understanding correctly. What is happening, and how do you know?
2. Document what’s happening: Write down — privately, on your own time, and on your own computer — the basics of who, what, when, where, why, and how. Is there a clear law or regulation that you know is being violated? We recommend keeping your concerns private initially; documenting concerns on your own time and not on a work computer also helps prevent disputes about your use of paid work time. But notes help keep your recollections clear and demonstrate the extent of the wrongdoing so you can best determine next steps.
3. Confide in someone: After compiling notes, this is a great point to seek legal counsel, particularly if the idea of understanding the relevant laws seems complex. Some choose to approach a manager or boss first, but it can be difficult to predict how those interactions will go, making it prudent to first get advice from an experienced whistleblower attorney. Keller Grover offers free, confidential consultations — we can advise you about next steps, considering your employment agreement, current whistleblower laws, and the specifics of the situation. Sometimes, there are appropriate channels within a company that can minimize the risks to you. Other times, it’s best to make the appropriate reports directly to the government while maintaining your confidentiality. 
4. Understand your rights, as well as potential risks and rewards for yourself, your career, and your family. Becoming a whistleblower can affect your job, reputation, and more, so it’s vital to understand your rights. There’s no global whistleblower overseer; rather, a patchwork of state and federal laws govern various segments of whistleblower activity. Some of the more well-known laws include the False Claims Act (intended to prevent companies from defrauding the government), the Sarbanes-Oxley Act and the Dodd-Frank Act (broadly seeking to keep financial institutions/publicly traded companies stable, forthcoming and prudent), and IRS whistleblower law (addressing tax noncompliance). Other laws establishing whistleblower programs include the National Traffic and Motor Vehicle Safety Act (provides incentives for automobile industry whistleblowers who report safety hazards) and the Anti-Money Laundering Whistleblower Improvement Act (seeks information about activities that violate the Bank Secrecy Act). California has additional whistleblower laws. Also, whistleblower laws typically prevent retaliation — such as being fired, demoted, mistreated, or denied a promotion because of suspected whistleblower activity — and can offer significant rewards. Under certain laws, those who provide new, vital whistleblower information that results in a financial settlement may be eligible to receive up to 30 percent of the amount recovered.
5. Come up with a plan: Once you have a clear picture of your situation, you can act prudently and strategically. Perhaps that involves making a report to your employer; perhaps you work with an attorney to go straight to the appropriate government agency. An attorney can make sure you meet appropriate deadlines, don’t illegally disclose confidential information, present your case effectively, and handle your employer relationships appropriately. With an experienced advocate by your side, you can adjust your strategy as circumstances evolve.

Whistleblowers deserve the best advocates. Keller Grover provides confidential, free consultations to advise those who have observed suspected wrongdoing. We can guide them in determining the best path forward from the very beginning, helping minimize the impact of reporting, protect their rights, and achieve the best possible outcome for the situation. If you need advice, contact us today.