Investigating without retaliating
For an employer, the challenge is to examine the concern seriously while keeping the reporting employee's job, pay, and duties from changing in ways that look like punishment. New York's whistleblower law was broadened in recent years and now protects a wider range of reports and workers than it once did. Federal laws add protections in specific areas, including securities, workplace safety, and government contracting. Changes that would be routine at another time, such as a reassignment or a new schedule, deserve a second look while the matter is open. Knowledge of the report should be limited to the people the investigation actually needs.
If you are the one who reported
Keep copies of your own complaint, the date you made it, and any responses you received. Do not forward company files to a personal account or take documents home to support your report; ask a lawyer first how to handle anything you already have, because the method can create problems of its own. You can usually still speak with a government agency, and agreements that try to prevent reporting to regulators are often unenforceable on that point. If you are interviewed, answer truthfully, and ask whether the person interviewing you represents the company. Changes in how you are treated afterward are worth raising with your lawyer as they happen.
What gets decided early
For a company, we look at who should run the investigation, whether it should be directed by counsel, and whether an outside agency must be notified or is already involved. For an individual, we look at which laws may protect the report and whether deadlines for a retaliation complaint have started to run, since some are short. Both sides benefit from a clear record of what was reported, when, and to whom. A whistleblower investigation handled carefully protects the integrity of the findings, whichever way they come out.
