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Top Chicago Whistleblower Lawyers Leonard Trial Lawyers discuss issues for employee whistleblowers

by | Jan 28, 2025 | Firm News

Top Chicago Whistleblower Lawyers Leonard Trial Lawyers discuss issues for employee whistleblowers. On a regular basis, we are retained to represent whistleblowers. Oftentimes, such whistleblowers are still employed by the employer against whom they are blowing the whistle. This can create a number of issues for the employee. A few of those issues are addressed briefly below.

One of the issues that arises is whether the employee can provide documents to his or her counsel that corroborate the allegations the whistleblower has already made, or is contemplating making, against the employer. Generally, the answer is yes. However, it is often important for the employee to consult with, or retain, counsel to discuss this fundamental issue. The reason for that is that there are several safe harbors, i.e., in other laws and regulations that allow the employee to legally share with counsel, or with law enforcement or other investigative agencies, the employer’s documents. That said, the employer still may later attempt to bring legal claims against the employee – claiming that the documents were stolen, or that they are confidential, proprietary, or entitle to trade secret protection.

Another issue arises is whether the student should, or should not, communicate with his or fellow employees regarding the whistleblowing activity the employee already had, or is considering making, about the employer. This too is other important issue that often merits consultation with or retention of counsel. Such communications may underline the action the employee is thinking about taking, or has already taken. Alternatively, such communications may serve to further the employee’s allegations or investigation.

Yet another issue that is often asked by employees who have or may engage in whistleblowing is whether the employer can or will take action against them – and what options they have if, for example, they are fired as a result or simply questioned by the employer and/or its insider or outside representatives – ranging from human resources, compliance, or inside or outside counsel. Again, this is an issue that typically merits a detailed discussion with counsel.

Finally, although an employee may be eager to engage in whistleblowing and bring forward allegations of wrongdoing, the employee may not know to whom, or how, to take such action. Again, it is always advisable for an employee to consult with or retain counsel so that they fully understand the numerous avenues available to them, and the procedures and consequences arising from those avenues.

We at Leonard Trial Lawyers have vast experience in representing whistleblowers in administrative and legal proceedings, and/or with law enforcement agencies. Feel free to reach out if you have already, or are considering, engaging in any form of whistleblowing

Michael Leonard

 Matthew Chivari

Leonard Trial Lawyers

 January 28, 2025