Two ways employers can reduce the risk of whistle-blowing is having a corporate culture that encourages employees to report problems and concerns to the company and investigating complaints in an objective and adequate manner, two experts said in a recent BLR audio conference.

Diana Gregory, a senior human resources specialist with Administaff, said that common mistakes employers make that lead to whistle-blowing complaints include having poor documentation practices and failing to provide managers with adequate training on how to handle complaints.

Attorney Laura Innes of Simpson, Garrity & Innes, said effective policies, investigations that are conducted correctly, and excellent documentation practices are three ways employers can reduce the risk of whistle-blowing complaints.

Gregory said uncorrected safety conditions, ignoring employee concerns, conditions or practices that create mistrust among employees, and recognition programs that encourage workers to hide problems are some of the ways employers can create an atmosphere for workers to become whistle-blowers and report problems to outside agencies instead of the employer.

She said it is important for employers to create and articulate policies that encourage workers to report problems to the employer. An employer's policies should inform employees that the company welcomes complaints, tell employees how to report problems, and remind employees that the company prohibits retaliation, Gregory said. Innes said it's also important for employers to have an anonymous system for employees to report problems.

Employers must also train managers on how to spot problems and how to handle complaints once they learn of them, Gregory said. Managers should know what constitutes retaliation and how to ensure that is avoided.

Innes noted that managers often learn about problems in informal ways, such as overhearing a worker from another department complain during lunch about a boss who is harassing another employee. She stressed that employers must act once put on notice of a problem and managers must know what to do when they learn about problems informally. In the eyes of the law, once a manager knows, the organization knows, she said.

Once put on notice, an employer's investigation must be objective and adequate so the employee knows the employers takes complaints seriously, Gregory said. A biased investigation in itself could present problems. She said that employers may want to seek the services of a third party to conduct an investigation if necessary. She added that employers should research the third-party investigator thoroughly to ensure that it will conduct a proper investigation.

Another way employers can reduce the risk of whistle-blower complaints is by conducting exit interviews and asking about employees' perceptions of the company's practices, Gregory said. In addition, human resources can review terminations and ask whether the employee has raised any whistle-blower issues, she said.

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