You can fill out a form online with The US Securities and Exchange Commission (SEC). So far the SEC has received over 1,000 comments from people who support whistleblower protections as a way to help prevent another US financial meltdown. But not everyone sees the Commission's proposed changes as a good thing.Many corporations are opposed, believing that the SEC's proposed bounty would wrongly encourage employees to skip reporting suspected misconduct in-house and go straight to the SEC. (Attorney Bijan Esfandiari at Baum, Hedlund, Aristei & Goldman, said that, in his experience, an employee will usually try to work within the company first to correct the wrong. An employee usually becomes a whistleblower after trying and failing to resolve the issue in-house. They go up the corporate ladder to complain, from supervisor to district manager and, if the complaint cannot be resolved, they go to an outside attorney.)
In a letter to the SEC, several large corporations, including McDonald's (MCD), Delta Air Lines (DAL), General Mills (GIS), UnitedHealth Group (UNH), Intel (INTC), and JC Penney (JCP), wrote the following: "We believe that the Commission's proposals will have the impact of thwarting internal compliance and reporting programs in a manner inconsistent with the intent of the Dodd Frank legislation that authorized them."
Instead, they want an employee to go through existing internal channels first, which would give the company "reasonable time" to resolve the suspected wrongdoing before the whistleblower alerts the SEC. However, does every company have "internal compliance mechanisms" in place?
READ MORE QUI TAM WHISTLEBLOWER LEGAL NEWS
And what constitutes "reasonable time"? What happens to the whistleblower during this reasonable time? Chances are, they are terminated and of course, unprotected.
Many whistleblowers have waited several years for justice; some have lost their homes, their life savings and their families.
Ultimately, the whistleblower has a choice, but the SEC is hopeful that a potential whistleblower will come to the agency if they believe their company's internal compliance program is doubtful, or they are afraid of retaliation.
And you have a voice—in this case, until midnight, December 17.
READER COMMENTS
Vilma Lehman
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bi-weekly by myself for 4 years during when I had status as an Avon Representative. I hired an Attorney but Avon, Inc. placed unjustified demands that they would not reenstate me with no merit or justification although my Attorney's request to reenstate my Avon Representative status and Avon claimed that I was not eligible to reenstate my Avon Representative status although Avon, Inc. receieved ALL billing transactions from me. I fulfilled ALL Avon Inc. billing transations and I had good status credit with Avon and my clientele was increasing when Avon, Inc. wronfully terminated my Avon, Inc. sales privileges. Avon, Inc. wrongfully and unjustifiably terminated my Avon Representative status and placed me out of employment illegally. I am requesting that the SEC investigate Avon. Inc. in reference to their unethical business practices by terminating my Avon Representative priviliges status permanently although my Attorney at the time of representing me via mail to the Avon Corporate Office in New York, New York representing me and demanded Avon Inc. reinstate my Avon priviliges but Avon, Inc. declined and left me unemployed with no merit. I am urging that I become part of this "whistleblower" law suit against Avon for terminated me without merit. Avon Inc.'s commercials on television specificallyl have stated that the Avon, Inc. Representatives are their own CEO's and have all business rights of their status of CEO since Avon, Inc. is a company that has Avon Representatives that are assigned to their own business ethics and they violated their business code of ethics against myself, Vilma Lehman illegally. I am urging the SEC to investigate Avon Inc.'s termination of my Avon Representative status because alll transaction billing payments were fulfilled by myself and Avon, Inc, had no right to terminate my Avon rights to my subsidiary business through Avon, Inc. which they forced my unemployment illegally and violated my Avon, Inc. Civil Rights and discrminated against me with no merit.
DantheGrey
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Billions of dollars in stolen and illegally obtained funds (tax payers money) have been returned to the government coffers, due in part to the whistleblowers.
If there isn't any protection for the whistleblowers there won't be any whistleblowers and big business can continue to operate with impunity as they have in the past. If someone has the guts to bring these wrongs to the attention of the proper authorities, for whatever reason and money is reason enough, then they should be protected from retaliation.
My vote is YES!
Joel
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Pamela Wages
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Dr. Timothy W Price Th D.
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Why you ask ? Well here it is ! The Bible the book from GOD says that if you see thing's are wrong say something about it !
Know the truth and the truth will make you free ! Lie for No one and Cover up for No one ! You will not Bare False witness Ever !
So call me Crazy or what ever but I think going with what God say's is the right thing to do !
Dr. Timothy W Price Th D.
Michael Razmek
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Publix circa 2009
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Employees who complain up the chain at Publix end up targeted for harassment until they quit.
Publix has been sued in 1st Quarter / 2nd Quarter 2010 for wrongful death because managers allegedly failed to warn someone of a homicidal employee.
The company came under fire in Florida for allegedly unfair agreements it imposed upon its landlords, and Publix should be broken up like AT&T - Hello, Sherman Anti-Trust Act of 1890 - anyone???
There are so many OSHA violations and minor law violations (violations of a minor worker's work-time protections) that never make it to OSHA or the Labor Boards, that parents of kids employed there really should take a second look. I have seen bodies dragged from renovating stores of folks who have passed out on chemical fumes. We have worked entire shifts so high that I woke up in the middle of the street outside my neighborhood - I called Poison Control and they said "go to the ER as fast as you can," but I was too high to safely drive. I was tripping off paint thinner and God_Knows_What_else for fourteen hours... not safe.
We had minors huffing the fumes from the above and from concrete sealant fumes that ARE NOT VENTILATED with fans - so KIDS who want to get a legal high just go to their neighborhood Publix under renovation, find the NO SIGNS warning of impending danger outside (just a yellow tape around the concreted area), and breath deeply for that all-consuming high. Lawyers - please consider the possibility of death from this - it will not be apparent that the kid went to the most trusted place and got high.
When a series of people DIED on a FL warehouse floor, critical changes that were needed were not undertaken.
Oh, yes - and those disabled people are made fun of behind their backs.
Even though Publix advises that there are no ratios to "make up for" when promotion time comes around, these ratios absolutely exist - a white man stands less chance for promotion against a Hispanic female in some areas.
So - YES - Give the whistle blower the bounty he/she DESERVES. Corporate America is the new Mob. Bring them DOWN.
Capt. Steve Rappaport
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Mike Shimp
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YL Fu
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Their actions should be encouraged. The real world problems are that the complainer/whistleblower usually gets retaliation/fired, and it is almost get no help to get justice.
I was a victim of being an honest internal complainer in a chemical company that openly allowed the employees to SPRAY and CURE (heat under high temperature) STYRENE in a room in open air (NOT in a well ventilated hood). I myself and my workers had to work in the same room!
Of course, the REASON of being fired has NOTHING to do with my repeat complaints of the dangerous operation.
YL Fu, Ph.D.
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