In this post:
Advice from some of the country’s leading whistleblower experts
Resources for federal employees
My advice to federal employees and contractors
Advice from whistleblower experts
I spoke with experts on whistleblowing and government oversight about what lies ahead for federal employees, and I’ve aggregated some key resources here for you, as well.
Who I spoke with:
Jane Turner, former FBI Special Agent, whistleblower, and whistleblower advocate, now leading editor for Whistleblower Network News
Tom Devine, legal director for the Government Accountability Project and one of the most accomplished whistleblower attorneys and advocates in the world.
Siri Nelson, executive director of the National Whistleblower Center
Shanna Devine, Director of the Office of the Whistleblower Ombuds at the US House of Representatives.
Their advice:
Contact a lawyer. This step is critical. Whether it’s to get advice about what to do if you’re thinking about blowing the whistle, or if it’s representation once you do, your lawyer will be your advocate and your protector. The National Whistleblower Center has a referral program you can use.
Install and use an encrypted messenger, like Signal. Never use social media applications for communicating, and be careful in using regular text messaging as those messages can be examined by third parties via subpoena.
Keep extremely detailed notes of all meetings, requests, actions, contacts, etc. If you’re called into a meeting, note who is there, when and where the meeting was held, the details and action items of all topics discussed.
If someone has cautioned you against “putting that in writing,” that’s a major red flag and you should definitely put that in writing.
Backup your emails, contacts, and any documents you might need for filing a whistleblower complaint in a location safe from potential interference from your employer.
Be careful when going to the press. If you don’t know where to start or what the media can do for you, message me and I’ll send you my contact information to help get you started. There are reporters I would trust with my life, and ones I will never work with again. There are also organizations who can help mediate the whistleblower-press connection. The Signals Network is one of them. Psst, founded by The Signals Network alum Rebecca Petras, is another.
Also know that going to the media might jeopardize a potential complaint against your employer, especially if you’re dealing with sensitive or classified information.
Keep in mind that the process for blowing the whistle may not be the same for employees in every agency, or if you’re a state, county or local government employee. Review your agency’s whistleblower policies – they may be lengthy and very detailed but it’s important to make sure you’re following the correct procedures.
Don’t trust that your human resources office will protect you – they are there to protect the agency. Don’t trust your colleagues. “Trust” is something you should have with your family and your attorney. Outside of that, re-learn the meaning of “trust” to exclude anyone you aren’t absolutely sure would protect you at the expense of their career or safety. This is your life. Be extremely careful.
You do not have to follow unlawful orders. If you’re instructed to do something illegal - like fabricate public health data during a pandemic or grant access to sensitive databases to someone who does not have the proper permissions or authorization - you do not (and should not) follow those orders. In fact, if you participate in the crime, you could lose any claim of whistleblower protection down the road.
Protect your mental health. None of this is going to be easy. Staying quiet won’t be easy. Coming forward won’t be easy. Quitting won’t be easy. Once you’re in the situation, it’s going to be a struggle. There are resources out there to help you with the very specific trauma of whistleblowing. Connect with Whistleblowers of America – they’re a peer support network that can find therapists to help you.
As for those buyouts, courts have put a pause on the deadline to reply. Siri Nelson suggests that any federal employee considering this option contact an attorney and their union, if they’re a member.
“This is a very unreliable and vague offer that has no basis in law or history to rely on,” said Nelson, emphasizing that it’s difficult to predict how those buyouts will play out.
Resources for federal employees
Whistleblower Survivor Tips, from the Whistleblower Ombuds office
Rules for Whistleblowers, by Stephen Kohn, a top whistleblower lawyer and advocate
For a longer list of resources, visit the Office of the Whistleblower Ombuds website here.
The predicament you’re in: From someone who has been there
First, I want to speak frankly to all federal employees conflicted with the moral ramifications of being a part of our new government.
I’ve been asked by several friends at multiple agencies what they should do — about the information they have, the proposed buyouts*, and whether or not to stick with it or quit.
I will not tell you what to do. YOU must decide that for you and your family. Everything I’m posting here is either advice from experts or resources to help you navigate your situation.
I have so many overlapping conflicts in this situation. First, I adhere to strict moral beliefs that are entirely inflexible and am known to be judgmental of those who fail to rise up to the same moral standards. Second, I’ve been through this before and that’s colored my beliefs about what it takes to be a whistleblower and whether the cost is worth the effort. Third, it’s not in my career’s best interest to see the market flooded with smart, capable peers in my field when there aren’t enough positions for all of us. Lastly, I believe in the public’s right to know everything, and that requires having people on the inside providing that information.
I realize not everyone wants my advice on what to do when you’re a public servant forced to serve a tyrant. I’ll admit I could have done things better, smarter.
Take the lessons from my mistakes, consider the advice here and from those I interviewed, and decide what is best for you and your family.
It’s easy for people who are not in your position to preach to you about morality because they are not faced with the same challenges that you find yourself with now.
What I will tell you to do is seriously think about what your limits are going forward.
What are you willing to stomach? Even if you’re just in it for a paycheck, everyone has a line they will not cross. Think about where you would draw that line should you ever be faced with crossing it.
Are you willing to overlook financial crimes? How about corruption? Misappropriation? Harassment? Privacy violations? Espionage? Bribery?
What about something that causes harm to people or the environment? What if it is something that will get people killed?
That was my line in COVID. I stomached a lot of unethical activity until they crossed that line.
The next thing you need to ask yourself is what level of certainty and risk will make you feel comfortable in speaking out.
Must you be 100% certain that the crime has occurred or will occur, or are you comfortable with “the preponderance of evidence” or even the relative likelihood? If there’s a small chance will people will get killed, is that enough for you?
If the crime already occurred and appears not to be occurring again, will that sway your actions? If the crime is imminent will that change how you will respond?
No one expects to be put in a position where you’re asked to do something that could cause real harm. No one expects to be a witness to it.
If you find yourself in this situation, I’m sorry. Your life will never be the same no matter what you do.
And I’ll emphasize again — what you do is entirely up to you.
Know that if you choose to come forward, there is an entire community of people who have also been where you are who will stand by you through it all. That doesn’t mean it won’t be hard, turn your life upside down, change who you are, or even put you and your family in danger.
There is also merit in trying to do your best from the inside. I often wonder if I could have been more effective if I had kept my head down and my mouth shut. I know that’s what others tried to do, including my boss Dr. Scott Rivkees, who has since been on a crusade against his former boss (DeSantis) for the way he silenced us during the pandemic.
You may never know if what you do makes a real difference — inside or out. At the end of the day, you must do what is right for you because you’re going to have to live with that decision every day of your life.