Whistleblowers Should Be Careful About Taking Documents

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People who become aware of wrongdoing within their company and wish to act as whistleblowers will need to provide proof of wrongdoing on the part of their company. This can be easier said than done. You might need to access certain documents or company information to be able to prove your allegations.

If you are preparing to act as a whistleblower, it is crucial that you be extremely careful about taking documents. What you are actually allowed to take to support your case is a very complex element of whistleblower law, and going beyond your rights could land you in legal trouble yourself.

What you should know

Employers will often argue in court that whistleblowers who take documents or evidence from a company to support their claims are guilty of stealing corporate property or trade secrets, or otherwise violating privacy laws (particularly in the realm of healthcare). In most cases, whistleblower attorneys will successfully be able to argue that the public interest in putting an end to the organization’s fraud or wrongdoing will outweigh the property interest the employer has in documents and trade secrets.

However, there are some exceptions to this. Certain documents may be protected by attorney-client privilege, and patient medical records are subject to some extremely stringent protections as well. Taking this types of documents could result in you being charged with a crime.

The best way to proceed is to talk to an attorney as soon as you become aware of wrongdoing, and discuss with them how you can best prove your allegations. If you know evidence exists and in what form it exists, discuss this with your attorney and they can provide you with advice about how to go about collecting it.

For more information about blowing the whistle on corporate wrongdoing, contact a skilled whistleblower attorney at Kardell Law Group.

By Steve Kardell | Published March 9, 2020 | Posted in Whistleblower Litigation | Tagged attorney-client privilege, evidence of wrongdoing, trade secrets law

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"Steve Kardell was terrific in representing me in some very adversarial discussions with Citigroup and also later represented me in my testimony before the Financial Crisis Inquiry Commission." -Richard Bowen, Citigroup Whistleblower
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"Reaching out to Steve Kardell was the best decision I made. His ability to provide immediate insight and direction was very powerful, and a huge relief during a very stressful time period. For anyone struggling with a whistleblower situation, I would highly recommend at least speaking with Steve. After a 10 minute call with him, I had a better understanding of what I was dealing with. Even better, he gave me some immediate hope. In the end Steve did a better job than I thought was possible. Steve was able to get in contact with people in my organization, that I didn’t have access to. Because of his years of experience, he already has contacts in many organizations in Dallas. The entire situation was handled peacefully. I was impressed by his ability to “keep the peace”–rather than creating a battle with the organization. The reason I didn’t reach out to a lawyer initially, was because I thought it would mean an immediate end to any hope of a positive relationship with the company. Steve was able to address my concerns, and in the end I was able to continue to work for them." -KS
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