• De-personalize the process When hit with a whistleblower claim, companies should


have two separate sets of priorities—delving into the claim it- self and ensuring that the employee blowing the whistle is not retaliated against. Since whistleblower claims often take on a personal nature


for employees and managers, creating a layer between the com- plainant and direct supervisors may actually help companies respond faster and keep things professional. If companies don’t allow anonymous reporting of claims,


they should implement such a process immediately. Large com- panies, or companies in industries that tend to get large numbers of complaints, may want to consider hiring a third party to re- ceive and investigate claims. This can help minimize any real or perceived attempts at retaliation. Companies that specialize in this type of work should also


be able to provide invaluable insights into the latest tools, trends and regulations around whistleblower issues and potential trou- ble spots for retaliation.


• Respond promptly and leave a paper trail Once the company becomes aware of an employee’s iden-


tity as a whistleblower, it needs to take immediate action to en- sure that the whistleblower is not retaliated against. This means


that the whistleblower is not treated any differently than before the claim, or less favorably than coworkers in similar positions. If an employee needs to be disciplined for violating compa- ny rules or procedures that lead to an injury or illness, managers need to tread carefully. Involving HR, the legal department or outside counsel immediately can help ensure that all disciplin- ary actions are appropriate and well documented. Documentation becomes even more important when whis- tleblowers face disciplinary or other actions not related to their claim. For example, a whistleblower may be part of an entire department that has its hours cut or may be docked in pay for chronic tardiness. In these types of situations, the company must be careful to ensure that the whistleblower is not treated differently than anyone else in the identical or similar situation. Supervisors must also be sure to create a record of events that led to the action. A whistleblower who has already fi led some type of claim against the company may be more willing to do so again, or may claim retaliation where none exists. Regardless of the situation, managers and supervisors need


to carefully document every action they take, as well as explain- ing why particular actions are taken. This will help employees understand why they were disciplined. It will also help the com- pany prove its case to OSHA or the courts if the employee at- tempts to claim they were retaliated against. Even though a disturbingly large number of whistleblower


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retaliation claims have no basis, companies can pay a huge price when one is fi led. Being proactive and prepared can minimize the fallout


*** Richard D. Alaniz is senior partner at Alaniz Schraeder Linker Far-


ris Mayes, L.L.P., a national labor and employment fi rm based in Hous- ton. He has been at the forefront of labor and employment law for more than 30 years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Alaniz is a prolifi c writer on labor and employment law and conducts frequent seminars to client compa- nies and trade associations across the country. Questions about this article can be addressed to him at (281) 833-2200 or ralaniz@alaniz- schraeder.com.


Investment Casting Pattern Making By Wax Injection


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