Whistle Blowing

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Whistle Blowing

  1. 1. Presented By:- Atmadeep Das Aman Upwan Mayank Katara Prasant Mishra Fotso
  2. 2. What is whistle blowing???? Whistle blowing in its most general form involves calling(public)attention to wrong doing, typically in order to avert harm. Whistle blowing is an attempt by a member or former member of an organization to disclose wrong doing in or by the organization. e.g.:- Wikileaks, Jeffrey Wigand, “The Insider”, Karen Silkwood, “Silkwood” Definition of whistlblower:- A whistleblower is an employee, former employee, or member of an organization, especially a business or government agency, who reports misconduct to people or entities that have the power and presumed willingness to take corrective action.
  3. 3. Purpose of whistle blowing:-  To draw attention to unethical, inappropriate or incompetent conduct which has or may have detrimental effects either for the institution or for those affected by its functions.  It extends to situations where an individual believes that an activity is harmful while others involved are not aware of it or reject the perception that is involved.  The whistleblowers are prepared to take full responsibility for their actions.  Implies a concern for the preservation of ethical values which overrides a concern for self- preservation.  Whistleblowers open themselves to the risk of losing personal and financial security, counter- accusation and alienation and yet they feel compelled to make the disclosure and to stand by it.
  4. 4. Types of whistle blowing:- Internal Personal Impersonal  Internal Whistle blowing is made to someone within the organization.  Personal Whistle blowing is blowing the whistle on the offender, here the charge is not against the organization or system but against one individual.  The impersonal, is the external whistle blower.
  5. 5. Potential whistle blowing scenario:- • Someone within your organization is pursuing an action that you believe is ethically wrong. • You believe you know relevant information which is not generally known. • You believe that if what you know is correct then if it became public knowledge the course of action would be changed. Whistle blowing is generally not about things that you happen to dislike.
  6. 6. Characteristics of a whistleblower:-  Altruistically Motivated  Utilitarian  Uninterested in Altering Their Behavior  Allows Own Attitudes and Beliefs to Guide Them  Often are Well Educated and Holds Professional Positions
  7. 7. Stages of whistle blowing:-  Stage one -- Is there a potential whistle- blowing scenario?  Stage two -- Seriousness test  Stage three -- Reality check  Stage four -- Becoming aware of the big picture  Stage five -- Forcing management recognition of the problem  Stage six -- Taking the problem to upper management  Stage seven -- Going outside the organization  Stage eight -- Living with the Results
  8. 8. Guidelines of whistle blowing:- Magnitude of consequences Probability of effect Temporal immediacy Proximity Concentration of effort
  9. 9. Effects of whistleblower:- • Forced to leave organization/demotion • Credibility ruined • Family, health, and/or life in jeopardy • Outrage and divisiveness of people directly or indirectly involved • Physical or psychological isolation. • Organization experiences loss of money, restitution, productivity, and positive reputations. • Incarceration.
  10. 10. Protection laws:- 1989 1994 Whistle blower protection law 1989 The Whistleblower Act 1994 • Whistle Blowers in some areas are not without legal support. In United States, both federal and state laws are aimed at protecting those who undertake whistle blowing. • However, even with this support, the potential whistle blower must still contemplate a difficult and dangerous path. • The primary protection law is the Federal Whistle Blower Protection Act of 1989 • Another Federal Law is the False Claims Act, which has been around since 1863 • Many state governments have passed their own whistle blower protection acts
  11. 11. Is whistle blowing justified????  Is the whistle-blower acting in the public interest?  Is the whistle-blower acting in good faith?  Has the whistle-blower exhausted internal channels?  Does the whistle-blowing prejudice the ability of the whistle-blower to do their job?  Undermine the ability of the office to perform its functions?  Were the actions of the whistle-blower proportionate to the public interest at stake?  Release only of necessary information  Release of information in appropriate public forum? Public Interest Life Health Safety Safety Env. Govt.
  12. 12. Who should judge the whistle blower??? The whistle Blower The Government Third party
  13. 13. Consequences of the whistle blower:-  Those did not blow the whistle guilty of immorality.  They doubt the loyalty of the whistle blower to the employer.  The whistleblower is perceived as a traitor, as someone who has damaged the firm - the working family to which he/she belongs.
  14. 14. Conclusion:-  A whistle blowing incident is probably the most emotionally difficult thing you can experience as a professional.  Not every incident that should result in whistle blowing does, sometimes the whistle is “swallowed” rather than blown.  In some cases, there are federal and state laws meant to provide protection for the whistle blowers.  If you find yourself in a possible whistle-blowing incident, you should exhaust all internal alternatives for addressing the problem and accumulate all documentation possible. If blowing the whistle becomes the only alternative, then you should anticipate a job change and you should get good legal representation.

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