The Art of Whistleblowing - Coursework Example

THE ART OF WHISTLEBLOWING By: Course: Tutor: Institution: City/State: Date: THE ART OF WHISTLEBLOWING Part 1 Whistle blowing is considered a serious act because it involves the exposure of misconduct within an organization. While such an entity might be a public or private one, the consequences of such behavior are dire. In particular, a person’s career prospects could be in jeopardy while sometimes his/her life could be ended. Accordingly, the reporting of any violation of law, corrupt practice, fraud or revelation of compromises in the health of products needs to be accurately examined before notification. As such, the individual needs to acknowledge the enormity of the task and the harm that could result from such behavior (Lewis, 2001). It would be prudent for him/her to ascertain the veracity of the problem in order to warrant such a course of action. For instance, if the situation can be objectively handled internally, that should be recommended. However, if an alternative route were suitable, the motives behind this action would need to be analyzed. Consequently, the whistle blower needs to prove that there is no vendetta against the officials while also be convincing on the lack of monetary reward for the approach. Therefore, the intentions have to be noble and driven by a desire to correct an unethical practice. Similarly, the person has to be advised to verify the information and document every evidence available in anticipation of the backlash that might follow. In fact, the details of that should be included have to meet a certain threshold for them to be admissible in court. As such, a determination of the type of wrong committed has to be done in order to dictate the person to whom such ills need to be reported. Furthermore, such knowledge would be helpful in the collection of the right evidence. Likewise, the allegations made have to be specifically stated and appropriately referenced. Therefore, supportive data need to be included to substantiate the claims made. However, one has to stick to the facts of the case and avoid conjuring rumors or hearsay. By so doing, retaliation is minimized, irrelevant mudslinging is reduced and a higher credibility is enhanced thereby making the action justifiable. It would also make the case compelling as well and result in stiffer penalties. By showing the crimes and providing proper supportive material, the presentation would appear well researched and the theory would be convincing in the courtroom thereby providing the whistle blower with an upper hand during the trial. It would also be intimidating to the accused, as he/she has to mount a more difficult challenge of the facts, something that would require more time and resources thereby making him/her vulnerable to other costly mistakes. Furthermore, it would illustrate good judgment on the accuser because it would make third parties to see the nobility behind the accusations as well as be more acquainted with the issues. Moreover, the whistleblower has to decide whether the reports have to be made to people within the organization or to external contacts. In arriving at a conclusive answer, one has to consider the effectiveness of the internal channel by assessing previous experiences (Schinzinger & Martin, 2000). A survey of other whistle blowers within the system and the extent of damage that accompanied their efforts would be enough to help in decision-making. Upon choosing to use the external route, caution has to be taken to approach the right people to avoid talking to spies who could end up alerting the relevant authorities. Therefore, the person has to choose between being anonymous or open. By settling on the latter, adequate preparations have to be made in the event that his/her identity is revealed to few people or members of the public. Consequently, documentation of the violations has to be done and no wrongdoing should be omitted to provide solid proof of the misdemeanors. Additionally, one has to decide the status of employment to be in before making the accusations. Notably, he/she needs to either remain an employee or resign from their positions. Nevertheless, the effect of the ills on others would be a good indicator of the course to pursue. As such, it would be moral to make the claims while still an employee if the wrongdoing has a negative effect on the welfare of other workers. Upon determination of this vital aspect, the individual has to maintain a disciplined schedule of filling all the requisite forms, meeting deadlines as well as overcoming the technicalities required. Importantly, anticipation of counter arguments has to be made and retaliatory tactic documented as well in order to prepare oneself of the rigorous court processes as well as regulatory agencies. By so doing, one’s effectiveness would be guaranteed. Part 2 Cases that merit being exposed using whistle blowers are often expensive to litigate should they proceed to trial. In most instances, the individuals making such revelations do not have the financial muscle to challenge the large corporations under which they work. Furthermore, their legal expertise might be limited and that would be disadvantageous. As such, it is vital for the professional body to secure the services of accomplished attorneys who would then assist them in filing legal documents as well as representing them in court proceedings (.Arszulowicz & Gasparski, 2010)Such a gesture would attract more people to volunteer such information thereby leading into a reduction of vices in many businesses. Most companies would be strict in the implementation of ethical codes within their workplaces for far of being implicated in unethical practices. However, the whistleblowers’ confidence would receive a boost because they will not have to worry excessively about securing proper legal representation. Similarly, the agency needs to offer witness protection services in conjunction with relevant authorities. It should solicit for funds from donors and other well-wishers as well as members of similar services in the industry and divert them into acquiring vital assets for use by their clients. For example, it can dedicate a large portion of its budget to the purchase of houses in remote locations to be used as safe houses especially during trials. At such times, the whistle blowers are in imminent danger and could be fatally wounded to prevent further exposure of crimes committed. Moreover, the money could also be used to buy necessary food supplies and other amenities that would make their lives more comfortable. Furthermore, the cash would be helpful in the payment of tuition fees for children or admission fees in various training facilities aimed at imparting different skills for future application in a job environment. By launching and maintaining such programs, the body would provide a safe haven for such crusaders whereby they can live normal lives under different identities (Vandekerckhove, 2006). It would also aid them in getting integrated back to the community thereby enhancing the collection of insider information in other sectors of the economy. Likewise, it has to be involved in the lobbying of stronger legislation to strengthen current whistle blowing laws by making recommendations for enacting stiffer penalties on victims. The dynamic changes in everyday life make certain issues unpredictable. Sometimes, the nature of political will or the extent of moral conscience may facilitate the reaction to various matters. However, the rule of law makes a lasting solution to a problem since it is applicable for an infinite period. Therefore, the agency has to continuously court elected officials and press them to include vital amendments that reassure the safety of whistleblowers and deter potential criminals from committing such crimes. Consequently, it has a duty to launch civil education campaigns to sensitize members of the public against the vice and to offer advice on the procedures to follow when faced with similar circumstances. Accordingly, involvement with other civil society groups is inevitable in order to sanitize the practice of unethical behavior in workplaces and other areas. In addition, it can initiate random surveys of different entities to garner information about the presence or absence of whistle blowing. While cases of such malpractice are reported to authorities, the rate of feedback is still minimal due to the fear of victimization or concern for one’s safety. Therefore, most incidents remain largely concealed as crimes continue to be committed. The use of unknown investigators to conduct impromptu studies in various institutions is integral in unearthing these misdemeanors. As such, workers will be discreetly targeted to obtain information about the operations of their employers or fellow employees and the data analyzed to ascertain the extent of the deeds. Whereas this method would be capital intensive, the outcome of getting convictions for the perpetrators would make it worthwhile. More funds would be salvaged from embezzlement and integrity would be restored as well. Moreover, the urgency of creating an arbitration mechanism is important in attempting to find a peaceful resolution of conflicts. As a sign of good faith between workers and employers, the formation of a union is vital in defending the interests of both parties. In particular, the mechanism would be used to investigate the occurrences alleged and to form a forum in which both sides can be engaged to find amicable solutions (Johnson, 2003). In doing so, the accused would be offered a chance of explaining their actions and weighing their rationale with the aim of finding a working formula for incorporating changes within the institution. Such a strategy would be effective especially where malpractices are still nascent thereby making them repairable. In fact, such a platform can act as a warning to potential offenders as well as a screening for the accusers to ensure that they gain accurate data to substantiate their claims. In some instances, it would act as a point of reference for initial attempts at exposing unethical actions in order to avoid allegations of biasness. Therefore, it would seek to implement binding agreements from both parties as to their commitment to make corrections especially where the welfare of a larger group of people is affected. The transparency accorded to such a route would be favorable in providing insight to the consequences of inaction to stem the vices. By so doing, ethical conduct would be inculcated into the global corporate culture. References Arszulowicz, M., & Gasparski, W. (2010). Whistleblowing: in defense of proper action. New Brunswick, Transaction Publishers. Johnson, R. A. (2003). Whistleblowing: when it works--and why. Boulder, L. Rienner Publishers. Lewis, D. (2001). Whistleblowing at work. London, Athlone. Schinzinger, R., & Martin, M. W. (2000). Introduction to engineering ethics. Boston, McGraw Hill. Vandekerckhove, W. (2006). Whistleblowing and organizational social responsibility a global assessment. Aldershot, Hampshire, England, Ashgate. Read More

By showing the crimes and providing proper supportive material, the presentation would appear well researched and the theory would be convincing in the courtroom thereby providing the whistle blower with an upper hand during the trial. It would also be intimidating to the accused, as he/she has to mount a more difficult challenge of the facts, something that would require more time and resources thereby making him/her vulnerable to other costly mistakes. Furthermore, it would illustrate good judgment on the accuser because it would make third parties to see the nobility behind the accusations as well as be more acquainted with the issues.

Moreover, the whistleblower has to decide whether the reports have to be made to people within the organization or to external contacts. In arriving at a conclusive answer, one has to consider the effectiveness of the internal channel by assessing previous experiences (Schinzinger & Martin, 2000). A survey of other whistle blowers within the system and the extent of damage that accompanied their efforts would be enough to help in decision-making. Upon choosing to use the external route, caution has to be taken to approach the right people to avoid talking to spies who could end up alerting the relevant authorities.

Therefore, the person has to choose between being anonymous or open. By settling on the latter, adequate preparations have to be made in the event that his/her identity is revealed to few people or members of the public. Consequently, documentation of the violations has to be done and no wrongdoing should be omitted to provide solid proof of the misdemeanors. Additionally, one has to decide the status of employment to be in before making the accusations. Notably, he/she needs to either remain an employee or resign from their positions.

Nevertheless, the effect of the ills on others would be a good indicator of the course to pursue. As such, it would be moral to make the claims while still an employee if the wrongdoing has a negative effect on the welfare of other workers. Upon determination of this vital aspect, the individual has to maintain a disciplined schedule of filling all the requisite forms, meeting deadlines as well as overcoming the technicalities required. Importantly, anticipation of counter arguments has to be made and retaliatory tactic documented as well in order to prepare oneself of the rigorous court processes as well as regulatory agencies.

By so doing, one’s effectiveness would be guaranteed. Part 2 Cases that merit being exposed using whistle blowers are often expensive to litigate should they proceed to trial. In most instances, the individuals making such revelations do not have the financial muscle to challenge the large corporations under which they work. Furthermore, their legal expertise might be limited and that would be disadvantageous. As such, it is vital for the professional body to secure the services of accomplished attorneys who would then assist them in filing legal documents as well as representing them in court proceedings (.

Arszulowicz & Gasparski, 2010)Such a gesture would attract more people to volunteer such information thereby leading into a reduction of vices in many businesses. Most companies would be strict in the implementation of ethical codes within their workplaces for far of being implicated in unethical practices. However, the whistleblowers’ confidence would receive a boost because they will not have to worry excessively about securing proper legal representation. Similarly, the agency needs to offer witness protection services in conjunction with relevant authorities.

It should solicit for funds from donors and other well-wishers as well as members of similar services in the industry and divert them into acquiring vital assets for use by their clients. For example, it can dedicate a large portion of its budget to the purchase of houses in remote locations to be used as safe houses especially during trials. At such times, the whistle blowers are in imminent danger and could be fatally wounded to prevent further exposure of crimes committed.

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