How to Prevent Whistleblower Complaints

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3 Responses

  1. Elizabeth Spahn says:

    Michael Volkov is one of the best in the field. I’m sharing this sage advice with the law students in my seminar. Thank you, Michael.

  2. Good article. I would add though that when I prosecuted FCA & State qui tam cases, Some of my decision to either intervene as the government and take over the prosecution, or in determining the % of the reward to the whistleblower, was determinate on whether the whistleblower had reported the alleged fraud to the company or supervisor, and what active steps were taken by the whistleblower to stop the fraud, before filing suit.

    While some whistleblowers will not inform their company before filing suit and companies should be prepared like the article states above, the whistleblower stands a greater chance that his case might be declined by the government and/or his reward reduced because of not following internal company guidelines regarding informing a supervisor.

    Also, I am not sure about HR creating a list of unhappy employees. In writing? If for some reason a company needs to fire the whistleblower for “other” reasons, couldn’t this list be discoverable in a retaliation claim and used against the company? Just curious…

  1. February 8, 2013

    […] way, Mike Volkov, writing in his blog Corruption, Crime and Compliance, in an article entitled “How to Prevent Whistleblower Complaints”, had these suggestions: (1) Listen to the Whistleblower – In dealing with a whistleblower, […]