Whistleblower Laws

Organizations are encouraged to include this critical policy in their employee handbook. It encourages employees to report activities that may be illegal, dishonest, unethical, or otherwise improper. Such a policy helps create an environment in which employees feel comfortable making these types of reports. A whistleblower policy also protects employees from retaliation, keeps them informed about workplace investigations, and lets them know their concerns are taken seriously.

Employees often appreciate the ability to tell employers about situations that trouble them. This type of policy is one tool to help achieve that goal. Consult with a local attorney to ensure your policy protects your interests and complies with any whistleblower laws that may apply to your organization.

SAMPLE POLICY:
WHISTLEBLOWER LAWS

This policy is intended to help ensure [name of organization] creates a workplace that operates with the highest integrity and complies with applicable laws. This policy is not intended to protect individuals who make reports that are fraudulent, malicious, or in bad faith. Moreover, this policy shall not interfere with customary employment decisions.

Reporting
Employees who believe in good faith that any employees or agents of [name of organization] are engaged in improper activities may report such activities to their supervisor. If the activities involve a supervisor or if an employee feels uncomfortable reporting such activities to a supervisor, a report should be made to [title of other party]. This policy applies to any activities that are considered illegal, dishonest, unethical, or otherwise improper.

Investigation and Confidentiality
After an employee makes a report under this policy, [title of party or group] will conduct a prompt and thorough investigation. Any subjects of the investigation will be excluded from participation. Promptly following the investigation, and subject to any legal constraints, the following will happen:

• The person who made the report will be informed of the results.
• Findings will be issued.
• Disciplinary action, where appropriate, will be taken.

[Name of organization] shall use reasonable efforts to protect the confidentiality of the party making a report under this policy and the subject(s) of such report, to the extent permitted by law. Investigations shall be made discreetly, whenever reasonably possible, with information being shared only on a need-to-know basis or as otherwise required by law.

Anti-Retaliation
Employees may make reports under this policy without fear of reprisal or retaliation. This organization will take reasonable steps to protect the reporting individual from retaliatory, harassing, or abusive behavior related to making a report under this policy.

Violations of this Policy
An employee who subjects another employee to reprisal or retaliation in violation of this policy shall be subject to disciplinary action, up to and including termination of employment. Additionally, an individual who makes reports under this policy that are fraudulent, malicious, or made in bad faith shall be subject to disciplinary action, up to and including termination of employment.

This is a sample handbook policy only. Your organization is responsible for compliance with all applicable laws. Accordingly, this document should not be used or adopted by your organization without first being reviewed and approved by a licensed attorney in your area. Brotherhood Mutual assumes no liability in preparation and distribution of this sample document.

Working Together © 2022 Brotherhood Mutual Insurance Company. All rights reserved. www.brotherhoodmutual.com/working-together. Updated 9/2021.