WHISTLEBLOWER CLAIMS IN THE REMOTE WORKPLACE
No job better prepared me for the practice of law than refereeing youth soccer. It was my first job. In some ways, it was my most challenging. As a referee, you take criticism and abuse. It takes courage to make a tough call.
In the workplace, blowing the whistle takes even more courage. But to be honest, it doesn’t take as much in the remote workplace as it used to because the information is easier to access, and relationships are easier to dismiss. So when you have a remote work environment, you must be careful to ensure you stay compliant, encourage employees to report issues, and take complaints seriously.
What is a whistleblower? It depends on your state and the law the employee is using to blow the whistle. A whistleblower is sometimes used to describe someone who reports misconduct or a violation of law to human resources. But in some states, and under some statutes, that’s not enough to make someone a “whistleblower,” even if it is enough to set up a retaliation claim.
In most situations, a whistleblower reports actual or suspected law violations to government authorities. Once the employee has made a report, and the company is aware of it, they are protected under the statute. What this means for your company is if you retaliate against that employee, you risk a massive lawsuit. Whistleblowers can be employees within a company. But they can also be outsiders. It all depends on the law and claim being made.
In the remote work environment, these claims are easy to build. Employees who work remotely and independently can take photos, print records, and email files with little risk of being detected. In other words, if your workforce is primarily remote, then your files probably are too. Employees can use these files to build a case against your company while on company time.
Like any workplace issue, you need to investigate and remediate whenever there is a risk of a claim. But one of the most practical ways to prevent frivolous whistleblower claims in the remote work environment is to limit access to employment and company records. Just because your employees work for you doesn’t mean every digital cabinet should be unlocked.
Employees do not need to have access to every electronic file. If they do, they are being given a license to build a whistleblower case or misinterpret company policy and documents. You don’t need employees digging around through digital files they have no business in. That’s a recipe for problems.
