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Filing a complaint as a whistleblower

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The Food Nerd

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Posted 16 February 2024 - 08:22 PM

Hello again everyone,

A few of you have sen my previous points and unfortunately I’m back to see if anyone has experience with where I’m going. The company I am working work (dietary supplements) very clearly lacks knowledge of food safety, and while I have tried/ encouraged/ worked hard to improve this, I simply cannot. To make matters worse, i believ I am experiencing retaliation for bringing up this violations. While I have not reported anything to official authorities, the way the behavior towards me from my two bosses tells me that if I were to report officially, they are the kid who will retaliate. Which, as a whistleblower it is illegal.

The forms of retaliation I am experiencing:
Smear camping over email about me not doing not “doing the job I was hired to do” when I refused to sign and approve a vendor qualification SOP that clearly fell short of regulation. This was sent to all management.
Since then, boss has been withholding information that is essential for me to complete my duties.
Ex. I ask how would like for me to move forward, she says “ I don’t know.” While continuing to repeat that “ I don’t know how to do my job.”
How can I, if you are interfering with it?


Belittling my work,experience. Crossing my observations in audit reports.

The likes…

Am I even protected from retaliation without actually being a whistleblower? I am considering blowing the whistle to protect me from being “retaliated/fired.” While I don’t want to continue working here, it’s definitely not okay to try to fire me claiming I don’t do my work.

Anyone have experience with reporting?



kfromNE

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Posted 16 February 2024 - 08:34 PM

What country are you in? 



The Food Nerd

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Posted 16 February 2024 - 08:36 PM

I am in California,



The Food Nerd

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Posted 16 February 2024 - 08:40 PM

What country are you in?


I am in USA. California


SQFconsultant

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Posted 17 February 2024 - 01:55 AM

I did not become a whistleblower, even though there were ample indicators and evidence of people throwing audits and taking pay offs to do so at a CB.  I thought about it, however I also thought about the possible blow back from people in the company - but then an opportunity came up where they decided to let me go, even though I was a star employee, won awards, spoke at conferences, etc. and ultimately what happened is some higher ups in the company decided to go beyond the borders of the company and outright defame me - big mistake, big.

 

I did get let go, best day for me actually because I was setting up to roll into doing SQF Consulting within a week or so later plus someone, a very special angel, dropped a gigantic email data base into my lap on just before they turned off my company laptop - I decided to send a goodbye to the entire database - best Rhino marketing I have ever done, the last of 21,000 emails went out and 2 minutes later they cut me off - what a hoot.

 

In any event, if they have DEFAMED you outside of the company - I'd be going for defamation of character before I'd go for whistleblower - that way you can hit them where it hurts. I won my settlement even though it took about a year and it was substantial.

 

The question for you to think about is, what benefit do I get if I go the whistleblower route?

 

And what substantial evidence can you gather to prove it?

 

Then if you feel right about those two items it's time to contact a good lawyer that helps whistleblowers or someone that has handled defamation claims.


All the Best,

 

All Rights Reserved,

Without Prejudice,

Glenn Oster.

Glenn Oster Consulting, LLC -

SQF System Development | Internal Auditor Training | eConsultant

Martha's Vineyard Island, MA - Restored Republic

http://www.GCEMVI.XYZ

http://www.GlennOster.com

 


The Food Nerd

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Posted 17 February 2024 - 03:28 AM

I did not become a whistleblower, even though there were ample indicators and evidence of people throwing audits and taking pay offs to do so at a CB.  I thought about it, however I also thought about the possible blow back from people in the company - but then an opportunity came up where they decided to let me go, even though I was a star employee, won awards, spoke at conferences, etc. and ultimately what happened is some higher ups in the company decided to go beyond the borders of the company and outright defame me - big mistake, big.
 
I did get let go, best day for me actually because I was setting up to roll into doing SQF Consulting within a week or so later plus someone, a very special angel, dropped a gigantic email data base into my lap on just before they turned off my company laptop - I decided to send a goodbye to the entire database - best Rhino marketing I have ever done, the last of 21,000 emails went out and 2 minutes later they cut me off - what a hoot.
 
In any event, if they have DEFAMED you outside of the company - I'd be going for defamation of character before I'd go for whistleblower - that way you can hit them where it hurts. I won my settlement even though it took about a year and it was substantial.
 
The question for you to think about is, what benefit do I get if I go the whistleblower route?
 
And what substantial evidence can you gather to prove it?
 
Then if you feel right about those two items it's time to contact a good lawyer that helps whistleblowers or someone that has handled defamation claims.



Thank you so much for proving your input. Helps to know I’m not the only one and will likely not be the last person to face this circumstance because of the type of work I do as regulatory/quality inspector. I don’t necessarily want to whistleblow, but I do feel I need to do something to protect my self. I had not even considered defamation as an actual thing and will look further into see if this is a route I may need to take. Thank you so much!


Frygana

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Posted 17 February 2024 - 08:36 AM

I know that this is not the way to go for everyone, but why not consider changing company? I understand you want to improve the standards at current company but this clearly cannot change, and nobody deserves being mistreated at work environment as happens to you now.



The Food Nerd

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Posted 17 February 2024 - 03:48 PM

I know that this is not the way to go for everyone, but why not consider changing company? I understand you want to improve the standards at current company but this clearly cannot change, and nobody deserves being mistreated at work environment as happens to you now.


I am, of course. On the search. But is it wrong to also report this somehow?
I know this is so common in our field. I’m sure I will run into it as well elsewhere.


semajzemog

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Posted 18 February 2024 - 08:34 PM

I'm truly sorry you're having to deal with that kind of stress.

No, it's not "wrong" somehow to blow the whistle on a manufacturer that has the ability to endanger public health. What's wrong to me is that the judgement call from a morality standpoint has you questioning whether or not to call it out.

Is it bad enough that you're actually scared of potential public health issues? Then by all means, work to fix it with or without the company's help.

Are you worried because you're unsure that the issues actually endanger public health? If so, do research and dig in to clarify your understanding and proceed from the knowledge you gain.

Backlash can be a burden, but people have worked through it in the past. And if they move to ruin your reputation then you have the leverage you need to get compensation.

I've been in a similar situation and posted about it on this forum. My solution was to capture everything in NC, RCA, and CAPA documentation as well as create email chains of the information being shared with upper management. Too many manufacturers get away with lack of food safety protocol and solutions until they actually are put in a position with their customers to respond. Now, due to their own mechanations and certification body list, they will have to acknowledge everything as they send their documentation to customers, distributors, etc. Because again, they failed to acknowledge it in the past and take action.

When I left, which I did very shortly after getting the documentation handled, no one was in the position to handled QA, so no one was going to catch the documentation before it was sent.

Good riddance I say. I'm in a much better position now where I have the authority to make the changes necessary to keep food safety as top priority and the influence to push projects through the pipeline. Good luck, cover your butt, and whether you make the decision to whistle blow or not, get out of that toxic environment.


Have a great day!

 

James 


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Posted 26 February 2024 - 03:00 AM

Hi The Food Nerd,

 

So many questions and only one answer.

 

My initial question would be who are you going to complain to?

 

If it is internally, are they going to pay any intention? or will that will you suffer retribution? Yes

 

If it is externally then the matter will more likely be treated more seriously but also the company will likely consider you ’part of the problem’.

 

Answer: move on as soon as possible, then blow the whistle  :smile:

 

Good luck,

 

Tony

 





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