The increase in whistleblower/anti-retaliation statutes has increased employer vulnerability to claims of retaliation. In addition to the policies and procedures required for compliance with the whistleblower provisions of Sarbanes-Oxley, companies should consider other measures to limit or avoid liability. Some of these measures include:
- Have a written code of conduct which reflects the company’s ethics and values which is distributed to all employees.
- Establish and communicate whistleblowing policies and procedures.
Companies wishing to avoid whistleblowing and retaliation claims need to facilitate the reporting process. Employees are much more apt to report wrongdoing in a safe environment where they feel it is accepted and encouraged.