In contrast, the “swiss cheese” laws covering whistleblowing often provide little to no protection for the tipsters, who are likely to be ostracized and blacklisted from their company or even industry after the story breaks.
After reviewing the Whistleblowers Protection Act, Dodd–Frank Act, Sarbanes–Oxley Act, and the False Claims Act, Eisenstadt and her co-author uncovered many of the loopholes that would inherently exclude whistleblowers from potential support.
Our analysis suggests a simple heuristic to calibrate intervention policies: first get monitors to complain, then scale up enforcement while keeping the information content of intervention constant.
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While this obligation might be met by formal reporting of the alleged misconduct, this is only one of many paths open to the potential whistleblower.
Whistleblowing Research Paper Nazi Party Essay
20315 Issued in July 2014 NBER Program(s): Development Economics, Political Economy We consider a game between a principal, an agent, and a monitor in which the principal would like to rely on messages by the monitor to target intervention against a misbehaving agent.“Beyond losing your job, the main reason people won’t come forward as whistleblowers is that they know they could be blackballed in the industry and face an extraordinarily difficult time finding future employment,” says Eisenstadt.“Sometimes, that is even more traumatizing than losing your present job.” While anti-discrimination law clearly prohibits retaliation against job applicants, whistleblowers are typically left out in the rain.This is maybe the only defense that the accused has.The accused may try to defend their position by accusing the whistleblower of making up the information and slandering the good name of the accused.“Our reform proposal is remarkably simple: take the language that’s in Title VII (and the decades of court interpretations that come with it) and add it to the whistleblower statutes.” By adding the phrase “and job applicants,” Eisenstadt argues that this would end the problem of courts’ varying and unclear interpretations and create stronger protections for a vulnerable group.With clear statutory language detailing protections available to whistleblowers, courts can more fairly apply the law to the many types of whistleblowing cases that occur in both private and public settings. Since our days on elementary school playgrounds, we have been conditioned to avoid tattling.The possibility of being declared the class snitch has kept many school children’s lips tightly sealed—and, sadly, that attitude continues in the professional world today. Leora Eisenstadt, assistant professor in the Department of Legal Studies at the Fox School of Business, once asked her undergraduate students in a business law and ethics class a simple question: Would they be willing to oust the firm they worked for, knowing there was fraudulent activity occurring? For the students who decided to stay quiet, their choice was not ddue to a lack of morality, but rather a fear of not recovering from the act of whistleblowing.Eisenstadt and Pacella, in the first article to examine the lack of legal protections for whistleblowers who are applying for new jobs, propose a way to change that.“We are arguing that Congress needs to step in and amend each of these federal statutes to provide protection for whistleblower applicants,” says Eisenstadt.