Whistle-blowing is defined as an act of revealing information or complaint by an employee based on unethical, unsafe, illegal, or any kind of wrongdoing within a workplace to the relevant higher authority. According to Charles Spinelli, in today’s toxic corporate workplace culture, when the occurrence of discrimination, wage theft, harassment, or unsafe workplace conditions is widespread, whistle-blowing is quite inevitable.

Failing to handle complaints correctly or retaliating against employees who complain can expose an organization to legal risk under federal and state employment laws. Being prepared to handle complaints properly is key to creating a positive workplace environment and minimizing potential legal liability.

Legal Protection Against Retaliation

It is important to understand that employees are protected against retaliation if they file complaints and/or engage in investigations under various laws, such as Title VII of the Civil Rights Act, the Fair Labor Standards Act (FLSA), and the Occupational Safety and Health Act (OSHA). Retaliation typically means any negative employment action (e.g., demotion, termination, reduction in hours, or even subtle forms of intimidation) taken by an employer against an employee for engaging in protected activity.

Employers must be careful not to punish an employee for such an act, but need to deal with the employee’s issue of complaining in a professional manner, lawfully, and in a caring manner.

Establish a Clear Complaint Policy

According to Charles Spinelli, businesses should be equipped with a documented, well-communicated complaint system to deal with complaints ethically and legally. Here is an outline:

  • How employees can report their concerns to management in secret
  • The steps the employers will undertake to investigate complaints
  • Multiple ways should be available for lodging complaints, for instance, HR, supervisors, or directly to management anonymously.

Once employees realize there is a structured and safe procedure for raising issues, they tend to raise issues internally without involving outside legal authorities.

Respond Promptly and Objectively

Once the complaint is received, human resources or management should act quickly. Delayed action can give the impression that the issue is not given importance and may worsen the situation. The organization should follow the steps below:

  • The written complaint should be acknowledged officially
  • The management should initiate a fast and unbiased investigation
  • Confidentiality should be maintained in the highest possible way
  • Make sure to document every step taken during the investigation and inquiry
  • Appointing a neutral third-party investigator would be prudent for sensitive matters to assure fairness and objectivity.

Keep Communication Transparent and Respectful

The investigation and action are to be documented with due diligence. The communication regarding the process must be empathetic, professional, and free from blame. If there is any misunderstanding by the accuser, that should be conveyed with due respect. Avoid rejecting or remaining mum about the issue. Because doing so can dishearten the employee and lead to reporting directly to the public authorities. This system will also establish trust and prove the employer’s commitment to fairness.

Take Corrective Action

If the investigation establishes culpability, the employer should act to stop the behavior. Sanctions may include undertaking policy reviews, training, and disciplinary measures against the perpetrator. The resolution of the issue should be at an appropriate level and by company policies.

Employers should not retaliate against the employee even if the claim is unfounded. Instead, they should look at the process from the perspective of improving or enhancing existing practices.

Make Sure Everything is Documented

Proper documentation is essential. It entails the maintenance of a record of the complaint, investigation, interviews, conclusions, and actions taken. The company’s ability to show honest efforts in a court of law will be supported by such documentation when the need arises.

The cornerstone of an organization is mutual respect, and the hallmark of a leader is respect for others. When employees feel safe, they speak up more, which boosts their morale and keeps the business away from the consequences of whistle-blowing.