In 2002, three highly visible whistleblowers became Time Magazine’s “People of the Year.”  They were Sherron Watkins of Enron, Cynthia Coopers of WorldCom, and FBI Special Agent Coleen Rowley.  Each was a direct participant in exposing scandals in her organization. Their media status—along with the recent Sarbanes-Oxley statute—reshaped the American view of whistleblowers and encouraged more employees to come forward when employers retaliate against them.

This article first provides an overview of statutory whistleblower protections and the specifics of several whistleblower laws. Next it discusses using voluntary mediation to resolve these disputes, which in most cases takes place after a legal action is commenced alleging employer retaliation. In addition, it discusses some unique aspects of whistleblower mediation, including the need for even more than the usual amount of patience and sensitivity to the claimant’s emotions.

 

Employees who believe they have uncovered unlawful conduct by their employer have four choices: remain silent, resign to distance themselves from the unlawful activity, report their concerns to the employer, or go public. Those who take either of the last two routes are considered whistleblowers. In general, there are three types of employees who become whistleblowers: senior executives (e.g., vice presidents, company attorneys), professionals (e.g., quality control technicians, training instructors, engineers and human resource managers), and hourly workers (e.g., electricians and maintenance workers).