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When the Whistle Is Blown

Legal Defenses and Practical Guidelines for Managing Reports of Organizational Misconduct

Texas A&M University, Corpus Cristi

Pamela Stokes

Texas A&M University, Corpus Cristi

Sue Stewart Wingfield

Texas A&M University, Corpus Cristi

The recent U.S. Supreme Court opinion in Garcetti v. Ceballos decided that public employees are not necessarily protected under the law if they make statements about alleged improprieties committed by their employers, and can in fact be disciplined for such disclosures. The controversy over this case, combined with the recent publicity surrounding whistle-blower actions, indicates that many people may have incorrect impressions regarding the law in this area. This article focuses on various unsuccessful whistle-blower cases to educate both employers and employees about the limitations of such actions. Based on these scenarios, the authors have provided suggestions for management in how to effectively handle reports of wrongdoing within an organization.

Key Words: organizational costs • organizational misconduct • legal defenses • whistle-blowing

This version was published on December 1, 2009

Business & Society, Vol. 48, No. 4, 467-488 (2009)
DOI: 10.1177/0007650308326668


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