Top 10 Ways To Minimize Whistleblower Risks

Here are the TOP 10 STEPS public and private employers should consider taking to minimize the risk of whistleblower retaliation claims and build defenses where litigation is unavoidable. These steps are based on lessons learned through litigating whistleblower cases to verdict and counseling employers to minimize the risk of litigation. One important theme underlying these steps is the need to treat good-faith whistleblowers as assets. 

1. Conduct focus groups & surveys

Develop an understanding of your workforce's beliefs about whistleblowing and attendant retaliation risks through focus groups and surveys. Design questions that will expose whether employees are apt to bypass internal compliance channels (or not complain at all) and why. Focus groups should be diverse in terms of age, length of service, race, responsibility and education.