A few months ago I posted this thread: Would you ever report your company to a regulator? I didn’t report it, and since that time, I have been quietly tracking whether anything had been done at that site (nothing has been done).
Today is my last day at this horrible job, and I am moving in to a new industry. The question is, do I report it once I leave? I’ll likely wait a couple of months until work really starts up again, and there is an anonymous reporting line, but I am a bit worried about legal issues, i.e. confidentiality as a employee.
I signed what basically amounts to a confidentiality agreement when I started there. This issue was discovered by me while performing my job.
I think my loop hole is to get my husband to call. He’s up and down that river all the time and there are breaks in the fence that a snoopy person could look through if so inclined. I’m going to wait another month or so and do a ride by to see if they’re doing it again this summer, and if so, I’ll get my husband to call in.
Actually you could PM me the details and I’ll call it in if you want. You have no idea who I am, I have no idea who you are, I wouldn’t know you if you walked up to me and sat in my lap.
If you’re leaving the company, I don’t see the downside to your reporting a violation, and I really don’t see what they could do to you, especially if you switched industries. That is, unless you yourself have committed a crime they are covering up for you, but I assume that’s not the case.
A better question might be how you feel about the company and your co-workers, versus the one guy who is likely directing the illegal activity. My only worry might be that the boss directs the lower level people to do the illegal activity, then when the lawsuits and fines comes, he pays them and fires all those lower level people (who might be your friends) on the basis they were the real ‘bad apples’.
That said, if none of these folks are your friends - go for it.
You don’t go with violations to government, you go to the media. Seek out some reporters in your area and give them the information and let them report on it.
Of course do this anonymously. NEVER report it so it can be traced back to you. People can cover their tracks well and you can not only look stupid but you can also find yourself in legal trouble. Even if you’re 100% right, they still can sue you and it cost money to defend yourself.
Give it to some media (radio/TV/Newspapers) and let them run with it, if they don’t, it’s not your problem. You don’t want to get blacklisted or anything, especially if once you tell, nothing changes anyway.
You’re right to be concerned if a confidentiality agreement is in place. The confidentiality agreement may cover situations like this, or it may not; but it is impossible to say without seeing the agreement. I’d suggest you go back and read it, and see if you can find your answer there.
I’d be careful about having your husband “accidentally” run across violations, and I’d also be careful about running to the media. Giving information to your spouse and/or the media may also be covered by the confidentiality agreement; and in both cases, your name may be somehow linked to the report.
I think rereading the agreement should be your first step. Let us know what it says, and perhaps we can guide you from there.
If you want to be protected by whistleblower laws, you need to find out how to properly become a whistleblower. I think you need to give your company written notice of your intentions before you report them. I do not know how all this works after you’ve left the company, though. If you’re very serious, you might want to actually consult a labor lawyer to make sure you’re going about it properly.