“Joh taar se nikli hai, woh dhuun saab nein suni hai.
Joh saaz pey guzri hai, woh kis dil ko pataa hai.
Everyone hears the cries of the chords,
No one knows what the instrument endures.”
—Asian verse
Whistleblowers are moral warriors. These are people with superior work ethics who come forward to report ethical and legal violations at their places of service. They save lives and uphold justice. They save humanity. It is a better world because of them.
Sometimes.
What is lost in the feel-good vigilantism of “Corporate America is always evil” is that a good portion of whistleblowing is driven by ulterior motives—anger, resentment, hate, bigotry, or a combination of these. In such cases, whistleblowing burns lives, ends careers, and destroys businesses. Yet, there is no recourse for these upended entities to rebuild what the mere flicker of a call unleashed upon them.
I aim to highlight the issue of malicious whistleblowers in the health care industry, though these concerns extend to false accusers across the corporate world.
Medical whistleblowing enjoys unparalleled protection in the business world because of the sensitive nature of our field. Understandably, whistleblower laws aim to shield those who report illegal, unethical, or fraudulent activities in health care, where oversight is crucial. However, these protections are often misused, harming innocent parties, damaging reputations, and undermining the laws’ effectiveness.
“The malicious have a dark happiness.”
—Victor Hugo
One common misuse of whistleblower laws is to make false or frivolous claims. Some use the protections afforded by whistleblower laws to make accusations that have no basis in fact or to exaggerate minor issues for ulterior motives. This misuse has serious consequences for the accused party, who may be subject to costly investigations and legal proceedings. Every day, we hear about egregious oversights by hospitals in the papers. All capital headlines. Corporate greed at its worst. Have we ever seen any follow-up stories on those complaints that state misrepresentation? Never. Are whistleblowers always right? No. But it is sensational to report falsehoods and mundane to report corrections.
Another misuse of whistleblower laws is their weaponization for retaliation against individuals or organizations. Dislike the doctor? Find a trivial reason to report him; rest assured, the system itself protects you from all retaliation.
Other times, whistleblowers are motivated by personal grievances rather than a genuine desire to report wrongdoing. In such cases, whistleblowers may make false or exaggerated claims to harm the employer’s reputation.
The misuse of whistleblower laws can also occur when individuals use the protections afforded by these laws to cover up their own wrongdoing. In some cases, individuals engaged in illegal or unethical activities attempt to use whistleblower protections to report others in an effort to deflect attention or to curry leniency.
Finally, whistleblower laws can be misused by individuals seeking financial gain from their disclosures. Some whistleblowers make allegations to secure a financial reward.
Make no mistake: If there is even a shred of truth to a complaint, the issue is valid and must be addressed. However, the misuse of this powerful tool—where baseless or malicious accusations are made—warrants serious scrutiny and reform. Misuse undermines the credibility of genuine whistleblowers and can cause unwarranted harm to individuals and organizations. This abuse not only distorts the intent of whistleblower protections but also risks eroding trust in the entire system designed to safeguard integrity and transparency.
The Whistleblower Protection Act (WPA) is a U.S. federal law that “protects federal employees who disclose information about a possible violation of law, rule, or regulation or gross mismanagement, waste of funds, abuse of authority, or a substantial and specific danger to public health or safety.” The act was first enacted in 1989 and has since been amended multiple times. It provides protection against retaliation in the form of job loss, demotion, suspension, or other negative personnel actions. Under the WPA, employees retaliated against for whistleblowing may be entitled to a range of remedies, including reinstatement, back pay, attorney fees, and compensation for damages.
In addition to the federal WPA, states have their own whistleblower protection laws that provide similar protections for employees who report wrongdoing in the private sector or at the state or local government level.
“Whistleblowers are the truth-seekers, the people who know that things are not right and are willing to risk their careers, reputations, and even their freedom to speak out.”
—Tom Mueller
Sadly, the abuse of these laws has muddied the waters of conscientious employment. Hospital reputations are destroyed by a simple call, sometimes irreversibly. Doctors’ names are dragged through the mud based on the statements of one angry ex-employee. And what is their safety net? No fear of reprisal. In doing so, government agencies have turned these employees into weapons of destruction—destroying names, reputations, and futures.
Malicious depositions in a legal setting are a felony. Lying in a political setting upends a career. Yet, a revengeful complaint in health care is met with the full weight of government support, even when authorities are aware that the complainer may be spiteful, disgruntled, or mentally unstable. The Division of Family and Children Services (DFCS) receives millions of complaints each year and has an excellent vetting process to weed out frivolous ones. Yet in health care, doctors—the great sitting ducks of all metaphorical sitting ducks—are shot first before a single question is asked.
“Falsehood flies, and the truth comes limping after it.”
—Jonathan Swift
While the virtue of government policy is not lost here (encouraging people to come forward without fear of repercussions), what is lost in the legal framework is that most fields have steps a conscientious complainer must take before formally reporting an employer to authorities. Report concerns to management, escalate concerns to senior leadership, resign—before setting fire to the building. In health care, no such luck. Pick up the phone, and you are protected.
But what about the fear of repercussions? Unless you work for the Sicilian mafia, what “repercussions” are we talking about? Due to freedom of information acts, the identity of a whistleblower will come out. Instead of destroying a business and subjecting it to months of harrowing investigations, whistleblowers should be encouraged to follow internal protocols before escalating issues externally.
What is the solution?
“The only thing necessary for the triumph of evil is for good men to do nothing.”
—Edmund Burke
We cannot demonize the whistleblower, or none will remain. But we can take steps to ensure that every involved party is protected, including the occasional innocent business whose only fault was denying an employee a raise.
Steps employers can take to hold malicious whistleblowers accountable:
- Investigate the complaint. Employers must verify complaints’ validity through interviews, document reviews, and evidence collection.
- Seek legal advice. If the employee’s actions constitute misconduct or criminal activity, employers should seek legal counsel to file a lawsuit or pursue charges for fraud.
- Terminate employment. If malicious intent is proven, the employer may terminate the employee following due process.
- Educate employees. Prevent malicious whistleblowing by training employees on proper protections and the serious consequences of false claims.
- Improve internal reporting. Enhance reporting channels to encourage employees to report concerns internally before resorting to external measures.
Key steps investigating entities can take:
- Restrict financial incentives. Qui tam complaints should not result in rewards unless a clear link exists between the report and recovery.
- Hold false accusers accountable. If a complaint is proven false and harms the employer’s reputation, the whistleblower should face consequences to deter future abuse.
In conclusion, addressing the issue of malicious whistleblowing requires a balanced approach that respects whistleblower protections while ensuring accountability. Until the unilateral protections afforded to whistleblowers are modified, the suffering of the instrument will continue—unheard and unnoticed.
Health care is hurting. COVID-19 has burned out doctors and hurt hospital revenues to unprecedented levels. Physician burnout is at an all-time high. The best of the field are leaving in droves. Perhaps the least we can do is craft legislation to protect them. If there are no doctors left to treat us, there will be no us.
“Joh saaz pey guzri hai, woh kis dil ko pataa hai…”
Shakeel Ahmed is a gastroenterologist.
