The first step for whistleblower protection is to set up the whistleblower channel, whether anonymous or confidential. In any case, you must guarantee the protection of your identity to avoid retaliation, which, in many cases, will not be limited to the workplace. However, the truth is that if the denounced facts are brought to justice, it will be extremely difficult to guarantee confidentiality; hence, it is necessary to adopt additional measures as indicated by the Law Firm, Tully Rinckey, and others.
What About The Bad Faith Whistleblower?
The possible bad faith of the complainant is one of the arguments that is frequently used against the possibility of anonymous complaints, admitted, however, by numerous control and judicial bodies. A whistleblower may benefit from the protection provided there are reasonable grounds to believe that the information communicated was true at the time of the complaint and that this information falls within the scope of the complaint. In other words, it contemplates the possibility that the information is either not truthful or not relevant.
It will be the normative framework, together with the desirable cultural change to reinforce integrity, which must contemplate the necessary measures. An attorney will consider the presentation of unfounded information to be a serious offense when the actions carried out in the reserved information manifestly prove its lack of foundation, without prejudice to the consequences established by the legal system for the assumptions of false accusation and denunciation and simulation of crimes typified in the Penal Code.
Integrity can become an argument not to denounce, in the absence of a true system of protection for whistleblowers, and of those people who put integrity and defense first. Not only is it not recognized, but also they must pay a high price for it. If you are a whistleblower with a need to report something egregious on the job, and you want good representation, speak to someone at Tully Rinckey Law Firm.