Difference Between Whistleblowing And Sarbanes-Oxley
Whistleblowing and Sarbanes-Oxley
Assignment 1
Strayer University LEG500
Professor Lundondo Mumeka
Abu Abbasi
October 28, 2014
Whistleblowing and Sarbanes-Oxley:
Key characteristics of a Whistleblower
What is a whistle-blower? A whistle-blower can be an employee or an ex-employee of a company who have evidence of deceitfulness and/or unethical behavior in the organization or behavior in the business that is not in the best interest of the public (Fernando, 365). Whistle-blowers usually disclose classified information in their workplace to others, which violates the law or even endangers the welfare of the employees. One of the characteristic of a whistleblower is that they are devoted and motivated to the cause. They are useful to …show more content…
others, instead of their current company. Unfortunately, they are not concern in changing their behavior and they have strong faith on their beliefs. Frequently, whistle-blowers are highly educated people who may hold professional positions at the workforce. While whistle-blowing can be rewarding for some, it can also be dangerous for the whistle-blower and the organization, so one must be very careful in becoming a whistle-blower. For example, (Ensign,2014), the effects of being a whistle-blower can be strenuous both physical as well as mentally, it can cause the business as well as the person to lose money and their reputations can be destroyed as well. As a result, a whistleblower can be incarcerated and be forced to leave their job. The family of the whistle blower can be put on danger.
To some being a whistle-blower is being disloyal to your company, but to other it is alerting that something is being done wrong.
Well, recently a Veterans Affairs nurse named Val Riviello who spent 28 years taking care of veterans in Albany NY, came forward to report abuse against patients and the stealing of drugs by doctors. Instead of her supervisors fixing the problems they turn on her by taking away her nursing duties and suspending her without pay for 30 days. Some may argue that Ms. Riviello should not have reported these actions to her supervisors. Ms. Riviello discovered that someone had stolen 5,000 vials of morphine, then the vials were refilled with saline solution, and then they were given to veterans who were in major pain. On November 5, 2013 a veteran suffering from post-traumatic stress disorder was restrained for 49 hours which is a violation of procedures (Blount, 2014). If the patient is no longer a threat to themselves or others the limitations are supposed to come off of the patient. These are veterans that have served our country to protect us from outside forces. This is action is very cruel and vicious. Ms. Riviello went to FoxNews to report the actions of her supervisors to the U.S. Office of Special Counsel and the VA Inspector General. Ms. Riviello’s lawyer Cheri Cannon has requested the patient’s files to assist her in the defense of her client. The OSC is investigating the action that was taking against 37 VA employees who made claims to their …show more content…
supervisors. While the investigation was taking place the disciplinary action against her was on remained until the investigation is complete (Gearty, 2014).
Justifying a Whistleblower
Even though, in most cases a whistle-blower may be erroneous, however in the case of Ms. Riviello is correct in my opinion. I think Ms. Riviello did the correct thing to report the actions of the company because this could save a lot pain to our veterans if everyone is aware of it. This situation is unfortunate for the company but the public can benefit it. It is a very difficult situation to justify because a person with morals cannot just walk away from unlawful situation. Even though, Ms. Riviello is the whistle-blower, she had a good cause and noble motive to help others. So, what does this mean for Ms. Riviello and her getting her job back and the retaliation of the job?
Whistleblower under the Sarbanes-Oxley Act
According to the 2002 Sarbanes-Oxley Act court ruling of 6-3, whistleblowers have protection against public companies, private contractors and subcontractors (Stohr, 2014).
Employees who reported that their company retaliated against them for reporting alleged misconduct can possibly bring legal claims against their employer. I think this a very difficult discussion for the courts to justify. Each scenario may vary biased on how the whistle-blower is distributing the classified information. However, the whistle-blower should be protected initially before any judgment is made. I believe that everyone has the freedom of speech and they can speak up if any unjust is taking place in a work environment. However, one must be very mindful if they are working for the government, which may cause the nationwide
threat.
References:
Blount, D. (2014). RightWing News. VA Punishes Whistleblower Val Riviello. Retrieved from: http://www.rightwingnews.com/health/va-punishes-whistleblower-val-riviello/
Ensign, R.L. (2014). The Wall Street Journal. Whistleblower Ruling Means New Risk for Private Companies. Retrieved from http://blogs.wsj.com/riskandcompliance/2014/03/04/whistleblower-ruling-means-new- risks-for-private-companies/
Fernando, A.C. (2011). Who is a Whistle-blower? Business Environment, p365
Gearty, R. (2014) FoxNews. VA nurse alleges agency turned on her after she reported abuse. Retrieved from: http://www.foxnews.com/us/2014/06/25/va-nurse-alleges-agency-turned- on-her-after-reporter-patient-abuse/
Stohr, G. (2014, March). Retrieved from http://www.bloomberg.com/news/2014-03-04/sarbanes- oxley-whistle-blower-shield-backed-by-u-s-high-court.html
Assignment 1
Strayer University LEG500
Professor Lundondo Mumeka
Abu Abbasi
October 28, 2014
Whistleblowing and Sarbanes-Oxley:
Key characteristics of a Whistleblower
What is a whistle-blower? A whistle-blower can be an employee or an ex-employee of a company who have evidence of deceitfulness and/or unethical behavior in the organization or behavior in the business that is not in the best interest of the public (Fernando, 365). Whistle-blowers usually disclose classified information in their workplace to others, which violates the law or even endangers the welfare of the employees. One of the characteristic of a whistleblower is that they are devoted and motivated to the cause. They are useful to …show more content…
others, instead of their current company. Unfortunately, they are not concern in changing their behavior and they have strong faith on their beliefs. Frequently, whistle-blowers are highly educated people who may hold professional positions at the workforce. While whistle-blowing can be rewarding for some, it can also be dangerous for the whistle-blower and the organization, so one must be very careful in becoming a whistle-blower. For example, (Ensign,2014), the effects of being a whistle-blower can be strenuous both physical as well as mentally, it can cause the business as well as the person to lose money and their reputations can be destroyed as well. As a result, a whistleblower can be incarcerated and be forced to leave their job. The family of the whistle blower can be put on danger.
To some being a whistle-blower is being disloyal to your company, but to other it is alerting that something is being done wrong.
Well, recently a Veterans Affairs nurse named Val Riviello who spent 28 years taking care of veterans in Albany NY, came forward to report abuse against patients and the stealing of drugs by doctors. Instead of her supervisors fixing the problems they turn on her by taking away her nursing duties and suspending her without pay for 30 days. Some may argue that Ms. Riviello should not have reported these actions to her supervisors. Ms. Riviello discovered that someone had stolen 5,000 vials of morphine, then the vials were refilled with saline solution, and then they were given to veterans who were in major pain. On November 5, 2013 a veteran suffering from post-traumatic stress disorder was restrained for 49 hours which is a violation of procedures (Blount, 2014). If the patient is no longer a threat to themselves or others the limitations are supposed to come off of the patient. These are veterans that have served our country to protect us from outside forces. This is action is very cruel and vicious. Ms. Riviello went to FoxNews to report the actions of her supervisors to the U.S. Office of Special Counsel and the VA Inspector General. Ms. Riviello’s lawyer Cheri Cannon has requested the patient’s files to assist her in the defense of her client. The OSC is investigating the action that was taking against 37 VA employees who made claims to their …show more content…
supervisors. While the investigation was taking place the disciplinary action against her was on remained until the investigation is complete (Gearty, 2014).
Justifying a Whistleblower
Even though, in most cases a whistle-blower may be erroneous, however in the case of Ms. Riviello is correct in my opinion. I think Ms. Riviello did the correct thing to report the actions of the company because this could save a lot pain to our veterans if everyone is aware of it. This situation is unfortunate for the company but the public can benefit it. It is a very difficult situation to justify because a person with morals cannot just walk away from unlawful situation. Even though, Ms. Riviello is the whistle-blower, she had a good cause and noble motive to help others. So, what does this mean for Ms. Riviello and her getting her job back and the retaliation of the job?
Whistleblower under the Sarbanes-Oxley Act
According to the 2002 Sarbanes-Oxley Act court ruling of 6-3, whistleblowers have protection against public companies, private contractors and subcontractors (Stohr, 2014).
Employees who reported that their company retaliated against them for reporting alleged misconduct can possibly bring legal claims against their employer. I think this a very difficult discussion for the courts to justify. Each scenario may vary biased on how the whistle-blower is distributing the classified information. However, the whistle-blower should be protected initially before any judgment is made. I believe that everyone has the freedom of speech and they can speak up if any unjust is taking place in a work environment. However, one must be very mindful if they are working for the government, which may cause the nationwide
threat.
References:
Blount, D. (2014). RightWing News. VA Punishes Whistleblower Val Riviello. Retrieved from: http://www.rightwingnews.com/health/va-punishes-whistleblower-val-riviello/
Ensign, R.L. (2014). The Wall Street Journal. Whistleblower Ruling Means New Risk for Private Companies. Retrieved from http://blogs.wsj.com/riskandcompliance/2014/03/04/whistleblower-ruling-means-new- risks-for-private-companies/
Fernando, A.C. (2011). Who is a Whistle-blower? Business Environment, p365
Gearty, R. (2014) FoxNews. VA nurse alleges agency turned on her after she reported abuse. Retrieved from: http://www.foxnews.com/us/2014/06/25/va-nurse-alleges-agency-turned- on-her-after-reporter-patient-abuse/
Stohr, G. (2014, March). Retrieved from http://www.bloomberg.com/news/2014-03-04/sarbanes- oxley-whistle-blower-shield-backed-by-u-s-high-court.html