They say no good deed goes unpunished and sadly that is the truth in the world of the whistleblower. The theory on 'whistle blowing' is that the individual is helping the community, and following their ethics, by reporting the offending person or company. The risk of recrimination is very high and usually results in a long and difficult fight for the whistleblower. This battle will likely including legal threats and character assassination.
So what can you do to protect yourself when you do blow the whistle? Having been through this process I have gain some insight on how best to handle the situation.
1. Documentation :: Once you suspect that something is wrong you should begin documenting. Start by taking notes in a log book or note pad. This information will be helpful when you need to tell your story and will provide the detail needed to track down further evidence of wrong doing. Next, start collecting pertinent documents. The best way is to copy documents (photocopy, computers docs, etc). When you think you have enough, double it. Pictures, phone recordings, documents, conversations, e-mails are all important and should be noted when possible. There can never be enough documentation. Once the authorities begin investigation documents had a tendency to disappear.
Many people who don't know the laws will try to tell you that these methods are illegal. The fact is they are not. In Canada it is legal to record a conversation or phone call as long as one of the parties is participating in the conversation. The removal of documents from the workplace is a gray area. Under normal circumstances removing company information is illegal, however when it is evidence it can be collected. In a Canadian court all evidence will be considered. Check with your governments laws or speak with a lawyer before taking any risks.
2. Minimize Your Exposure :: When you draw up the courage, and support, to finally report the issues there are a few things you need to do. First, it is best if you stay at your job while you report the issues. Sometimes the authorities will ask you questions, that will help them with their investigation, and being at the location is beneficial. Ask to be kept anonymous, if possible, but sometimes this can't be done. Next, get your resume polished up and start sending it out. Then prepare financially by locating your employment insurance office. Tell them that you are blowing the whistle on your employer and you may be fired for it. Provide the person with the contact names of whichever authority you contacted. The idea is to build a repour, so if bad things happen, people will know the facts. Don't loose that all important safety net.
3. Go with your Instincts :: Most people will tell you not to blow the whistle because there are no winners. They are partially right, but without your courage people will get hurt, the rich will get richer and abuse their powers. You can change that by doing what you feel it right. We often cloud our thinking with other peoples perceptions, but only you can determine what to do. Most of the time your instinct are right and you should trust them. If you listen to others and they convince not to go with your instincts, and then something bad happens, you have to live with the consequences, not them.
4. Be Patient :: Nothing happens quickly no matter how fast you want to be done with it. The reality is that things will go much slower than you ever expected them too. The best way to make sure things are moving is to do some research. For example, if you file a complaint against a medical professional, the regulatory College that receives the complaint will have a complaints process. However, this is usually regulated by a government agency that has legislation regarding complaints. In Ontario all complaints must be handled in 120 days. If not, you can contact the Health Professions Appeal & Review Board and they will contact the College and accelerate the process.
Some other tips to accelerate the process include contacting your local politician, begin a letter writing campaign to media outlets and compiling your story onto an internet site. Be persistent when dealing with each agency, don't accept their statements at face value and always follow up.
5. The Media is Not a Solution :: They can help but you have to convince them to write the story. Many times it may take months for them to move. Remember they don't want any liability, they are a profit motivated company and will only publish story's that make them a dollar. If your former employer is litigious, they will probably be too scared to publish. The media has no problem reporting history, so once a final verdict is reached, by the authorities, they will write a story. Unfortunately it will be to late to help you.
Some of the smaller media outlets may be more willing to help you. Take a look at freelance writers, who may spend more time working on your story and getting the facts. They also have the contacts you need to get it published.
6. Prepare for an Attack on your Character and Legal Threats :: The person or company you are dealing with will not let things go easily. The first response will be to discredit you. If you look like an disgruntled employee or someone with a vendetta then your story will be less believable. It's easy for the person or company to do this. If they were unethical to start with, it's not a huge leap for them start lying about you after you report them. There isn't much you can do except try to disprove they're statements. Use the document you gathered to clearly show that they are the guilty party and you were just being ethical. In the end your efforts will be recognized. You will probably receive a cease and desist letter, don't be overly concerned as this is most likely posturing. If you are worried, speak with a lawyer.
7. Use Lawyers Sparingly :: Nobody can fight with the passion you have and no lawyer will ever put the amount of effort you already have into your fight. Replying to a cease and desist letter is easy, just stick with the facts, provide the evidence and take the high road. Most lawyers will act like an 600 lb gorilla, your job is to be bigger. In all likelihood they won't want to take this issue to a public forum, like a court room, especially if you have documented the case very well. That would give you a perfect opportunity to invite the media and lay your case out. Examples of cease and desist responses can be found at http://www.snakeoil.ca.
If you need legal advice, get it, but don't let the lawyer bleed you dry. Have your questions prepared on paper and sit down with the lawyer and discuss the issue. If they charge a minimum of one hour time, use it all. One good thing to do is prepare a short summary of the facts in your case, and fax it in to the law office. Don't ask question in the letter. Blowing the whistle is stressful enough without having thousands of dollars in legal fees.
Some people will tell you not to let the event consume you. If it does consume you, it will affect other parts of your life. But sometimes focussing your energy can be better if it will resolve the issue quicker. It's better to throw your whole heart into the matter, rather than fight with yourself. It is difficult to not be consumed. My advice is to simply go with it. The harder you work the quicker the issue will be resolved and the sooner you can get on with your life.
The is no reward for doing a good deed, that's only in movies. In the end however you should have the satisfaction that you made your community or country a better place. People will respect you for your efforts and hopefully inspire then to do something good and that is a reward in itself.
As the meeting comes to a close, your boss smirks with an self assured arrogance. He then says that you should seriously consider his offer, because he has it on good authority, that there may be a very localized downsizing in your department. Wouldn't it be nice to smirk back and just say "no thanks".
This scenario plays out more often then most people realize. With all of the recent business and government scandals there were a lot of people who knew that books were being cooked, laws being broken and the health of the public being put at risk, just to keep profits high and investors content. Many people felt that there was nothing they could do against powerful executives and corrupt bureaucrats. The credibility of a low level employee compared to that of a 'successful' corporate executive is a huge hurdle to overcome. Also, corporate lawyers are there to defend the company, even from internal hazards. So, once a person decides to speak up, they must be prepared to have their credibility brutally attacked and the onslaught of legal preceding from an all-star team of corporate lawyers.
Just the thought of legal proceedings can stop a person from making the ethical choice. It's easy for people to be vilified by their employer, at which point the credibility of the person speaking out is destroyed. How is possible for a single person to fight a company or government with infinite resources? Many years ago, it was practically impossible. However, the "digital revolution" may have changed the balance of power. For a "whistleblower" to be effective they need proof of wrong doing and a method to communicate those issues to the public. The availability of compact electronic devices such as digital audio recorders and digital cameras allow an individual to document many of the issues and bring the power back to the whistleblower.
The first piece of technology that should be in every whistleblowers repertoire is a digital audio recorder. These devices are so small that they can be put in a shirt pocket without being noticed. Once you decide to "blow the whistle" you should start recording all of your conversations. Keep a log of the items discussed, so that you can refer to the appropriate recording when needed, otherwise you can spend hours going back over the content. The best part is that these devices are not expensive. A digital voice recorder costs about $100, or many times MP3 players have a microphone built into the device, so they can be used to record conversations.
Another device that is very handy is a voice modem with telephone recording software. This will allow you to, hook up your phone, and record any conversations that occur over the phone. If you get fired before you have all the evidence, sometimes telephone conversations, with the people in power, can help to document important facts, because people very rarely think they are being recorded and say things that they probably should not have.
Make sure you check your local laws regarding conversation recording. In most places it is legal to record with one-party consent. One-party consent means that if you are involved in the conversation, you do not need to notify the other parties that you are recording the conversation. In Canada, one-party consent is the law. In the United States it is a little more complicated, as some states have their own regulations. If in doubt, speak with a lawyer.
The third device every whistleblower should have is a digital camera. Many times the violations are in manufacturing or packaging, which could be a public health concern. These can be very hard to document and prove, since the paper records may be manipulated. A picture says a thousand words though, and will help authorities uncover doctored documents. When taking pictures be very cautious as most companies prohibit camera's on their premises. Many cell phones are now equipped with digital camera's, so they are easier to conceal. Take as many pictures as you can and try to prove the date you took them. Some camera have a date stamp feature, even though this is easy to manipulate. The best option is to take a picture of the daily newspaper beside the offending subject. This is very hard for lawyers to argue against and disprove that the violations did occurred on that particular date.
The last piece of equipment needed is a computer. When the authorities begin investigating your complaint, you will need to produce your evidence such as documents pointing to the issues. Most corporations are moving towards a paperless environment, which means that these documents will only be accessible by a computer. The other important part your computer plays, is to backup all of those images and audio recordings. Make sure your computer has a CD writer or DVD writer. Take these backups and put them somewhere secure, like a bank deposit box.
One area of concern is the removal of corporate documents from the office. This can violate many legal agreements you may have signed. If you are worried about this, there is a very simple solution. Backup all of the evidence files at work and stash them somewhere in the office. In the ceiling or in duct work is a great place. Basically, anywhere nobody ever looks. When it is time to produce these documents, simply tell the authorities that you have stashed them in a safe place at the office. The evidence is kept safe and you haven't violated any agreements, a win-win situation.
In the future, companies may begin banning digital devices from the workplace for the exact reasons being discussed here. However, if we are persistent, it may go the other way and corporate behaviour may change, which is the ultimate goal of being a whistleblower. The days of "plausible deniability" and "disgruntled employees" are disappearing quickly.
We all have ways of testing opportunities that enter our lives. Some of us just dive right in based on feeling, others walk straight into what they know is right by a gut feeling or intuition. And if it's not gut feelings or emotions that are the tests of opportunities, it is the logical mind persuading us to ignore those feelings and emotions and test it with our reality of reason.
Most of us do not have a predetermined strategy for testing opportunities, or even more generally to test the actions we take and the choices we make in our lives.
There is an easier way to determine if our choices we make and the opportunities we receive 'pass the test'. This simple 32 word statement of business ethics was first created in the 1930s and used to turn around a failing company. These four questions were applied by each employee to each and to every minute detail of the company's workings. This little list of four questions from Rotary International, a humanitarian business organization, is the most widely printed, translated and reproduced piece of business ethics today:
"Of the things we say, think or do: 1. Is it the TRUTH? 2. Is it FAIR to all concerned? 3. Will it build GOODWILL and BETTER FRIENDSHIPS? 4. Will it be BENEFICIAL to all concerned?"
If we built businesses and our lives based on these very simple 4 questions we would be coming from a place completely the opposite of the competitive mind and the lack mentality. As you can see, these questions prompt you to choose what is true, fair, and good, making choices that can build friendships and goodwill. It helps us to see how the choices we make can be beneficial to all concerned.
Because of our societal influences, we most often are inclined to make choices and act based on a competitive mind. This comes from the perspective of lack, scarcity, and ultimately greed.
Any opportunity based on the model of competition and lack will simply not pass the test. Competition promotes strife. It embodies winning one spot, taking it away from all the other people who want it. It misleads people to believing there is only one chance for success, when in reality there is plenty for all.
The competitive model encourages people to rely on a source outside of themselves to give them what they need. This denies the power of their own ability to create what they want. This narrow focus shows they are choosing to ignore the possibility of creating this opportunity in their own lives, instead of trying to win the spot from millions of others.
This simple testing technique takes us completely out of the competitive mind of greed, scarcity and lack. It turns our thoughts and choices toward the positive, realizing there are opportunities we can take that can provide increase for all concerned.
I invite you to use these questions to test your actions and opportunities in your life. If you are seeking opportunity, these questions may help you see things in a different way. In doing this, perhaps you might find an opportunity in your life which truly allows you to benefit the world, while at the same time reaching whatever your dreams, goals, and desires are.
The entire concept of 6-σ (Six Sigma) is based on satisfying customers. Although the methodology is said to have been first proposed by Bill Smith of Motorola company (Wiki, 2006), statisticians have been aware of this concept long ago. Smith only was the first to apply it in production processes in 80's. Since then, the methodology has been used in many organizations and had saved millions (Wiki, 2006).
The principle revolves around putting the stress on measuring and harnessing dispersion in the production process (opposed to stressing the importance of mean average) since dispersion is the determinant of the number of defective outcomes. (I would not delve into statistical aspect since it is irrelevant to the scope of this paper, but I will have to mention some though.) Thus, the methodology is aimed at increasing the number of standard deviations (generally marked σ) so that 6 these standard deviations fall within the acceptable limits from each side of target mean. In other words, supporters of the methodology strive to mold the production process in such a way that over 99.99% of the outcomes are within the acceptable limits, or to be more precise, 3.4 defects per million opportunities (Saxena, 2006). This, in turn can be achieved by either of the two options. First, which is very costly but beneficial in long term, is to control the production process so that the sample of many output units (products or services) forms a much higher and thinner bell-shaped curve, this way naturally decreasing dispersion and concentrating most outcomes near the mean. The other option, which is the target of this paper, is to shift the planned specifications or acceptable limits as well as the target mean so that more outcomes are within the limits. (This technique is surely much more complex than what is covered in this paper.)
From the point of view of the producer - the one who applies 6-σ - the methodology is rather beneficial, because it reduces the number of defects and makes the operations more stable. However, from the point of view of the consumer, this might not be as good as it seems, although 6-σ is aimed at customer satisfaction. The problem, however, is that for customers the target expected outcome is satisfied in fewer number of times because the producer is oriented at reducing variance by shifting the entire production. So, even though vast majority of outcomes are within the specified customer requirements, the best desired outcome occurs significantly fewer times.
The ethical problem is that customers still want the best desired product/service more than simply satisfactory. And so, instead of simply maintaining the production at a certain level and focusing on quality and the target mean, the producers shift the target mean but put more stress on keeping production within acceptable consumer specifications. Therefore, the price the producer pays for reducing defects (barring the financial expenses) is that consumers receive less products of their target expected quality. Now, why can't the producers simply make the product as they did before, focus on the target expected outcome, and reduce unacceptable variations using some other techniques? Instead, producers save millions while consumers less frequently receive the best product/service though with only 3.4 defects per million outcomes. Thus, it is an ethical issue whether producers have a moral right to turn to such saving techniques, taking into account that clients benefit quantitatively, but not qualitatively. Bibliography
1. Six Sigma. (2006). Wikipedia - the free encyclopedia. Retrieved June 19th 2006 from http://en.wikipedia.org/wiki/Six_Sigma 2. Statistical Six Sigma Definition. (2006). iSixSigma LLC. Retrieved June 19th 2006 from www.isixsigma.com/library/content/c010101a.asp 3. Saxena, S.K. (2006). Introduction to Six Sigma. Discover 6 Sigma. Retrieved June 19th 2006 from www.discover6sigma.org/post/2005/10/introduction-to-six-sigma/
