Peppermint Patty Explains Whistleblower Laws

A whistleblower law provides legal protection for someone who exposes unlawful conduct. In the U.S. the first whistleblower law was passed by the Continental Congress in 1778 after two naval officers blew the whistle on Commodore Esek Hopkins for torturing British POWs.

Listen in, now, as Peppermint Patty summarizes whistleblower laws to Charlie Brown.

PP (Peppermint Patty): Hey, Chuck, why so glum?

CB (Charlie Brown): I feel stupid. Everyone talks about whistleblower laws these days. I don’t understand these laws.

PP: No sweat, Chuck. Really, they’re complicated. That’s why you don’t get them.

CB: Huh?

PP: Okay. All of these laws try to protect people who are coming forward to report wrongdoing. But there are many types of whistleblower laws.

CB: Oh, brother.

PP: So listen up, Chuck. The clearest laws are in a statute. That’s a law passed by Congress or a state legislature. They divide into two main types.

CB: Do I have to listen to this?

PP: Quiet, Chuck, we’re almost done. Some laws protect whistleblowers only if they report inside their organizations. Usually, there is a process for this. If the whistleblower runs to the media—outside of the process— they lose protection. Other laws protect whistleblowing outside the organization-- say, to law enforcement or a regulatory agency.

CB: Are we done yet?

PP: Nope, Chuck. Some whistleblower laws protect reporting of ethical lapses, while others limit protection to reporting of actual unlawful conduct—a criminal law, stuff like that.

CB: What if the whistleblower believes that someone broke the law but isn’t sure?

PP: Now you’re talkin’, Chuck. So, some laws require the whistleblower to have a good faith belief that they are reporting lawbreaking, others aren’t specific about that, just that the whistleblower can’t be making stuff up.

CB: Does the whistleblower need firsthand knowledge?

PP: Well, Chuck, I’ve never seen a statute drafted that narrowly. It sure helps the whistleblower’s case if they have firsthand knowledge, but often they don’t.

CB: I feel like I’ve learned nothing.

PP: Now, Chuck, that’s what we call a bad attitude. The surest thing I can tell you is that many whistleblowers face retaliation.

CB: I’m sorry I asked. 

PP: Don’t worry, Chuck, it’s not like snitching on the Mafia. They make whistleblowers an offer they can’t refuse.