RULES FOR WHISTLEBLOWERS

Resources and advice for people considering becoming whistleblowers within their organizations.

Kohn, a lawyer and longtime champion of workers’ rights, cites a suite of new U.S. laws designed to help protect whistleblowers, including the Dodd-Frank Act, resulting in “stunning and almost unbelievable” success. Since 1986, corporations running afoul of the law have paid more than $100 billion in fines, which has had an enormous deterrent effect, saving an estimated $1 trillion, according to the 2022 Whistleblower’s Annual Report issued by the Security and Exchange Commission. Kohn notes that thanks to qui tam legislation, which entitles whistleblowers to a portion of the fines their employers incur (legislation that goes all the way back to 1779; a grateful Samuel Adams was compensated by Congress for his role in outing lawbreakers), the government has paid over $10 billion to employees. Qui tam, he writes, “puts teeth into the right of the people to expose fraud and misconduct,” and in these pages, he clarifies an array of detailed advice, “rules” for modern-day whistleblowers to follow in order to protect themselves. Kohn keeps these guidelines appealingly simple—“Be Confidential,” “Document, Document, Document,” “Don’t Tip Off the Crooks,” and so on. While the rules are unfailingly interesting, Kohn is even more fascinating when he addresses the doubts or insecurities potential whistleblowers might experience. He advises such candidates to consider whether they should risk covertly taping misconduct at work or if they might feel like they’ve betrayed their colleagues; he also recommends carefully drawing the distinction between whistleblowing and an employment dispute. Kohn is a vivid, authoritative guide, and it’s a testament to his narrative skill that he can make this niche subject so consistently gripping.

Definitive and compulsively readable.