Policies and Procedures

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.