Why Whistleblowers Lose

This Article was originally intended to be an analysis of the propriety, or impropriety, of the doctrines most commonly used by courts to decide employees' whistleblowing retaliation claims against employers. However, upon conducting initial research, it quickly became apparent that there was very little data available on whistleblowing cases. Unlike employment discrimination cases, where several empirical studies have been conducted, there is only one empirical analysis of whistleblower claims, which focused solely on outcomes in the federal administrative process for claims brought under the Sarbanes-Oxley Act (SOX). That study revealed that whistleblowers fare poorly for a number of reasons, but many of the reasons suggested by the author appear to be unique to SOX plaintiffs. This Article studies the success rates of whistleblowers suing under state law, as different a context as possible from SOX, and identifies common reasons whistleblower claims fail in these cases.

UPDATED IN MARCH 2013 to include the historic $104-million Bradley Birkenfeld whistleblower case and more! From the nation’s leading whistleblower attorney, comes the third edition of the first-ever consumer guide to whistleblowing. In The Whistleblower’s Handbook, Stephen Martin Kohn explains nearly all federal and state laws regarding whistleblowing. In the step-by-step bulk of the book, he also presents twenty-one rules for whistleblowers.

From Erin Brockovich to Enron, whistleblowers who “challenge abuses of power that betray the public trust” have proven to be an unfortunate necessity in modern business culture. Their efforts to report crimes, fraud, and dangers to public health and safety have saved millions of lives and billions of dollars of shareholder value – and had we heeded the warnings of whistleblowers, perhaps disasters such as the Bernie Madoff scandal and the Lehman Brothers meltdown could have been averted. Recent federal legislation in finance and health reform have cemented legal protections and mechanisms for whistleblowing. This book provides a thorough guide and history to the whistleblower's legal rights. The ultimate survival guide, it provides advice on getting help and finding allies, warns that retaliation is often the reward for "committing the truth" and shows how to weather the storm. With extensive legal texts, sample letters, resources, and information on upcoming whistleblower reforms, this is the ultimate source on the subject.

In a dark departure from our standard picture of whistleblowers, C. Fred Alford offers a chilling account of the world of people who have come forward to protest organizational malfeasance in government agencies and in the private sector. The conventional story—high-minded individual fights soulless organization, is persecuted, yet triumphs in the end—is seductive and pervasive. In speaking with whistleblowers and their families, lawyers, and therapists, Alford discovers that the reality of whistleblowing is grim. Few whistleblowers succeed in effecting change; even fewer are regarded as heroes or martyrs.Alford mixes narrative analysis with political insight to offer a frank picture of whistleblowing and a controversial view of organizations. According to Alford, the organization as an institution is dedicated to the destruction of the moral individualist. Frequently, he claims, the organization succeeds, which means that the whistleblowers are broken, unable to reconcile their actions and beliefs with the responses they receive from others. In addition to being mistreated by organizations, whistleblowers often do not receive support from their families and communities. In order to make sense of their stories, Alford claims, some whistleblowers must set aside the things they have always believed: that loyalty is larger than the herd instinct, that someone in charge will do the right thing, that the family is a haven from a heartless world. Alford argues that few whistleblowers recover from their experience, and that, even then, they live in a world very different from the one they knew before their confrontation with the organization.

We are living in a time of mind-boggling corruption, but we are also living in a golden age of whistleblowing. Over the past two decades, whistleblowers have emerged as both the government's best weapon against corporate misconduct and the citizenry's best defence against government. Drawing on relentless original research, including in-depth interviews with more than 200 whistleblowers, Crisis of Conscience is a modern-day David-and-Goliath saga, told through a series of riveting cases drawn from Big Pharma, the military, and beyond.

This is a research-based book on whistle-blowing in organizations. The three noted authors describe studies on this important topic and the implications of the research and theory for organizational behavior, managerial practice, and public policy. In the past few years there have been critical developments, including corporate scandals, which

A qualitative analysis of societal silences, demonstrating how the unsaid directs social action and shapes individual and collective lives.

Growing up in the shadow of the Los Alamos National Laboratory (LANL) the author, Chuck Montano, was thrilled to land a job there. But he never imagined the dangerous world he was about to enter. Los Alamos: A Whistleblower's Diary is a shocking account of foul play, theft and abuse at our nation's premier nuclear R&D installation, where those who dare to question pay with their careers and, potentially, their lives. This first-of-its-kind exposae ventures past LANL's armed guards and security fences to chronicle persistent efforts to prevent hidden truths from surfacing in the wake of headline.

Whistleblower protection is vital for: safeguarding public interest; promoting accountability and integrity in public and private institutions; and encouraging reporting of misconduct, fraud and corruption. This report analyses whistleblower protection standards in the public and private sectors.

The unbelievable true story of the young woman who faced down one of the most valuable startups in Silicon Valley history--and what came after In 2017, twenty-five-year-old Susan Fowler published a blog post detailing the sexual harassment and retaliation she'd experienced as an entry-level engineer at Uber. The post went viral, leading not only to the ouster of Uber's CEO and twenty other employees, but "starting a bonfire on creepy sexual behavior in Silicon Valley that . . . spread to Hollywood and engulfed Harvey Weinstein" (Maureen Dowd, The New York Times). When Susan decided to share her story, she was fully aware of the consequences most women faced for speaking out about harassment prior to the #MeToo era. But, as her inspiring memoir, Whistleblower, reveals, this courageous act was entirely consistent with Susan's young life so far: a life characterized by extraordinary determination, a refusal to accept things as they are, and the desire to do what is good and right. Growing up in poverty in rural Arizona, she was denied a formal education--yet went on to obtain an Ivy League degree. When she was told, after discovering the pervasive culture of sexism, harassment, racism, and abuse at Uber, that she was the problem, she banded together with other women to try to make change. When that didn't work, she went public. She could never have anticipated what would follow: that she would be investigated, followed, and harrassed; that her words would change much more than Uber; or that they would set her on a course toward finally achieving her dreams. The moving story of a woman's lifelong fight to do what she loves--despite repeatedly being told no or treated as less-than--Whistleblower is both a riveting read and a source of inspiration for anyone seeking to stand up against inequality in their own workplace.