Becoming a whistleblower is a courageous decision that can expose illegal activity, corporate fraud and/or workplace misconduct. However, while whistleblowers are protected under federal and state laws, they must be extremely cautious about how they handle their situation—especially online. Posting on social media can seriously jeopardize a whistleblower’s case, putting their legal protections, credibility and even their personal safety at risk.
Whistleblower laws, such as the Whistleblower Protection Act and Sarbanes-Oxley Act, provide legal safeguards against retaliation. However, these protections can be weakened if a whistleblower shares details about their case online. Social media posts may even be used by employers to argue that confidential information was improperly disclosed, which could lead to job termination or even legal action.
If you are a whistleblower or may become one
If you are currently acting as a whistleblower, or are thinking about blowing the whistle soon, there are a few things you need to know when it comes to your social media activity. Namely, even seemingly harmless posts can be taken out of context and used to discredit a whistleblower. If an employer is facing legal action due to whistleblower claims, their legal team will look for any online activity that could undermine the whistleblower’s credibility. A casual comment, an emotional rant or even interactions with others discussing the case can be twisted and used as evidence against a whistleblower in court.
Additionally, retaliation is a major concern for whistleblowers. While legal protections exist, publicizing concerns on social media can make a whistleblower an immediate target for workplace hostility, intimidation or even legal threats. Staying offline can minimize the likelihood of drawing unwanted attention and helps to facilitate your personal security.
Whistleblowing is a difficult process, and social media can complicate matters if not handled carefully. The likely best approach is, therefore, to remain silent online and let your legal team manage your case as thoughtfully as possible.
