On Reporting Workplace Malpractice

Workplace malpractice is any behavior related to job performance that deviates from standards, procedures, or reasonable expectations of the employer. For example, it would be workplace malpractice for a market researcher to intentionally include fabricated data in a report assessing the positions of potential competitors. I've explored workplace malpractice in previous issues — see "Counterproductive Knowledge Work Behavior," Point Lookout for September 21, 2016, for examples.

Several readers have expressed interest in the risks of reporting workplace malpractice. They ask, "If I've witnessed an incident or a pattern of workplace malpractice, what should I do?" There's no general answer. But if you're considering making a report, be alert to the risks. Below are some of those risks.

Failure-to-report risk

If you choose not to report what you know, you could be in trouble if people in authority learn that you knew what was happening and didn't report it. If one or more of the risks below seem substantial, and you feel unsafe making a report, consider reporting instead that you have information, but you don't feel safe reporting it. That might afford some protection against failure-to-report charges, and it might motivate your employer to address the safety issue.

Confidentiality issues in the reporting process

Most misconduct At work, there is no
such thing as a witness
protection programreport management processes do promise confidentiality to those who report misconduct. The best programs offer an anonymous tip line. If your employer doesn't provide an anonymous tip line, confidentiality can sometimes be breached. Be prepared for possible retaliation. In most workplaces, there is no witness protection program.

Misinterpretation

Are you certain that you're interpreting correctly whatever you've witnessed? Are alternative interpretations plausible? If alternatives are plausible, your report might be inaccurate, and potentially damaging to you. If the alternatives are plausible, they can also provide you with valid explanations for failing to report what you witnessed: "Yes, I knew about that, but it seemed OK to me because I thought it was X."

Misidentifying the real perpetrator

The perpetrator of the malpractice might have been acting under instructions of a superior. If so, your report could affect that superior, who might be powerful enough to mitigate the effects of your report, and vengeful enough to seek retaliation.

Invalid evidence

Did you actually witness the incident? Or are you inferring malpractice based on contextual evidence? If the latter, might someone inquire about your failure to report that earlier contextual evidence? If not, report the incident anyway if you feel safe enough. If you have any doubts about your safety, see the comment above about failure-to-report risk.

Witness testing

At times, an incident you witnessed might have been conducted in your view solely to determine whether you could be trusted not to report it. The probability of this scenario is elevated if the "test infraction" is minor, or if you were asked in advance to be present, and asked afterwards to be silent. If you suspect "witness testing," you're working amongst sophisticated operators. How long you will remain safe, even if you cooperate, is difficult to predict.

At whatever level you estimate the risks of reporting malpractice, those risks are mitigated to some extent by hard evidence. Documents, recordings, photos, your journals, or records of any kind — anything you have that can corroborate your report. Collecting this kind of evidence might bear risks of its own, so take care.  Top    Next Issue

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Forthcoming issues of Point Lookout

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Among the more commonly cited reasons for hiring contractors instead of direct employees is cost savings. But are these savings real? Direct compensation, including perks and benefits, might favor the contractor arrangement, but indirect costs tell another story. Available here and by RSS on July 2.

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