It is outcomes like that which makes it all that much harder to accurately track how prevalent whistleblowing is in the private sector. Public sector whistleblowing Recognizing the public value of whistleblowing has been increasing over the last 50 years. In the United States, both state and Federal statutes have been put in place to protect whistleblowers from retaliation. The United States Supreme Court ruled that public sector whistleblowers are protected under First Amendment rights from any job retaliation when they raise flags over alleged corruption.
Private sector whistleblowing protection laws were in place long before ones for the public sector. After many federal whistleblowers were scrutinized in high-profile media cases, laws were finally introduced to protect government whistleblowers. These laws were enacted to help prevent corruption and encourage people to expose misconduct, illegal, or dishonest activity for the good of society. People who choose to act as whistleblowers often suffer retaliation from their employer.
They most likely are fired because they are an at-will employee, which means they can be fired without a reason. There are exceptions in place for whistleblowers who are at-will employees. Even without a statute, numerous decisions encourage and protect whistleblowing on grounds of public policy.
Statutes state that an employer shall not take any adverse employment actions any employee in retaliation for a good-faith report of a whistleblowing action or cooperating in any way in an investigation, proceeding, or lawsuit arising under said action. Federal whistleblower legislation includes a statute protecting all government employees. In the federal civil service, the government is prohibited from taking, or threatening to take, any personnel action against an employee because the employee disclosed information that they reasonably believed showed a violation of law, gross mismanagement, and gross waste of funds, abuse of authority, or a substantial and specific danger to public safety or health.
What are the benefits of whistleblowing? Examples of whistleblower cases cover considerable territory, from accounting irregularities and government fraud to racial discrimination and sexual harassment. Is whistle blowing a good thing? Whistle blowing is universally accepted as a good thing. Financial malpractice is the top concern reported by workers and yet over half of such concerns reported are not acted upon or ignored.
How effective is whistleblowing? Effective whistleblower protection. Whistleblowing is one of the most effective ways of exposing malfeasance within an organisation. According to the Association of Certified Fraud Examiners, around 40 percent of all detected occupational fraud cases are identified by whistleblowers. What are the two types of whistleblowing? There are two types of whistleblowing.
The first type is internal whistleblowing. This means that the whistleblower reports misconduct to another person within the organization.
The second type is external whistleblowing. What is the process of whistleblowing? Whistle blowing is generally viewed as a process rather than an event Near and Miceli, , where whistleblower give the information of fraud, or immoral act of the company to the employer or other parties, like the government. Who is a famous whistleblower? As long as we have restrictive dominant hierarchies in place, whistleblowing will emerge bruised, because these dominant hierarchies have been deliberately designed to restrict human behavior.
Hence, the paramount importance of transforming these dominant hierarchies into non-dominant and tropophilic hierarchies. Within non-dominant and tropophilic hierarchies whistleblowing becomes irrelevant because of the transparent nature of these structures, i. First, the basic premise is that — even if an accuser or whistle blower is telling the truth — no one will trust the accuser or whistle blower in the future, because they will be viewed as a potential risk to the entity, management, other employees and future employers.
No legislation against retaliation can stop this, because the accuser would have to afford lawyers willing to take the case, who must prove that any activity or behavior is the result of retaliation and not something that is justly deserved. Fourth, it is important to obtain additional information to determine why someone would make an official accusation or be a whistle blower, given the high risk of a negative outcome — did they reach a critical tipping point?
Finally, it would be immensely useful to obtain a large random survey to determine how many people or employees have not filed accusations or been a whistle blower, although they had a justifiable reason to do so — why they did not do so? Reading this article reminds me of my own experience as a whistleblower. I would caution anyone who was thinking about whistleblowing to contact an attorney first.
EEOC, etc. It remains to be seen what will happen in that forum. Take it from me, as I would wish what has happened to me on no one. Re: M. Mohan comment — You make very important points. There are also other risk consequences to people not involved in the activities, including job losses, closure of facilities, etc.
In addition, legal firms are in the business of making money, avoiding conflicts of interests and going against the best interests of the firm, so there are corporate and government entities they will not go against and clients they will not represent. Some entities outsource the whistle blower program to a professional firm, where whistle blowers can report anonymously.
The outsourcing firm can obtain more objective information and details of the problems and furnish the information to the entity through a type of client-privilege information. This allows the entity to establish a more objective approach to reporting and the ability to correct many concerns without the bad PR.
However; there are various factors to consider in this type of arrangement, and it is not clear if a government agency can utilize this method. Re: A. You are taking huge financial, emotional even physical risk for the promise of a reward which may never come. You did it for a variety of complicated reasons. Fear is a big one. You would much rather be on the right side of this issue than the wrong side. You want to protect your job, your family and the jobs and families you are responsible for.
After all, they have families, mortgages, hopes and dreams too. They look up to you hopefully. Ultimately, whistleblowing is a transactional matter for all involved except obviously the whistleblower and the target. For the whistleblower, once you have performed your service everyone involved goes back to their lives in their chosen profession, except you. You get a nice handshake from the government along with a thank you, a promise of a better future and are sent on your merry way.
You quickly become isolated and alone. Figure 2. Five reporting modes proposed in this paper. China from the cultural perspective. Therefore, there are still a lot of theoretical gaps in domestic research, especially. There is a lack of empirical evidence. Therefore, in the future in academic research scholars can pay more attention to the degree of analysis of the factors affecting the report. Therefore, the influencing factors at the micro level have not been explored excessively.
Exploration at the enterprise level can also be more in-depth and detailed in future research. Schwartz suggests that languages with negative tone e. Therefore, future research can be conducted in control experiments to study the linguistic characteristics e.
Training in the enterprise can change certain aspects of personality. There are still some limitations in the research review of this article. For example, the type of articles reviewed is relatively simple, and the reviewed articles are not complete yet.
Therefore, the summary of the influencing factors of the report may still have some parts that need to be improved. So in the future research I hope all scholars can make amendments and improvements. Management Research News, 24, Personnel Psychology, 38, Academy of Management Journal, 27, Maxwell Macmillan International, New York.
Journal of Management, 22, 5. The Academy of Management Review, 20, Journal of Research in Personality, 18, Journal of Business Ethics, 7, Lexington, New York. Claremont McKenna College, Claremont. Journal of Business Ethics, 57, Michigan Law Review, , Lynne Rienner Publishers, Boulder.
Yale Journal on Regulation, 29, Journal of Business Ethics, 90, Academy of Management Review, 28, Results of a Naturally Occurring Field Experiment. Work and Occupations, 26, Policy Management and Administrative, Journal of Business Ethics, 93, Organization Science, 4, Journal of Accounting Literature, 38, Human Relations, 55, Work and Occupations, 10, Administrative Science Quarterly, 27, Business Ethics Quarterly, 14, Journal of Business Ethics, 11, Sociological Inquiry, 64, University of Mississippi, Oxford.
Accounting, Organizations and Society, 35, Journal of Business Ethics, , The British Accounting Review, 39, Administrative Science Quarterly, 23, In: Staw, B. ABA Journal, 72, Journal of Theory and Practice, 1, International Business Management, 25, Journal of Business Ethics, 41, Home Journals Article.
DOI: Abstract Intra-firm whistle-blowing is a mechanism that effectively suppresses the problem of entrusted agents within enterprises. Share and Cite:. Chen, X. American Journal of Industrial and Business Management , 8 , Conflicts of Interest The authors declare no conflicts of interest. References [ 1 ] Qusqas, F. Journals Menu. Contact us. All Rights Reserved.
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