This is a really sensitive and interesting area.

Depending on the nature of the work performed by your employer, many of us
have multiple thought processes to go through regarding conduct of business
and the determination of wrongdoing or misconduct.  Beyond that, there is
also the consideration of failing to comply with regulations and/or laws.

This is a serious action and careful consideration should be given to the
contract you have with your employer.  Your first obligation is to them, as
they are who selected you to perform a set of duties and provided a
framework within which you work.  

It's all well and good that you may feel that a professional code of ethics
is something that is important to you and your personal principles, but
unless you're a licensed professional, there isn't an OBLIGATION for you to
call out a problem.  By that I mean if you're a licensed Physician, or a
Broker/Dealer, or even a CPA and you've been asked to do something illegal
or unethical, you have an obligation to NOT DO IT, and to report it.  If you
are an RIM professional and an association you join by choice has a code of
ethics, you aren't legally obligated to report something. If you're CRM,
well, that may be a bit different... but I still think the obligation may be
a moral judgment, not a legally binding one.

Some organizations have practices/policies for "whistleblower protection"
but even in those organizations, typically the intent is that you go to your
employer first to give notice of your concern.  Many are reluctant to do
this for fear of retaliation, but some have found that a failure to do so
prior to going public can have negative implications- how can an employer be
expected to correct something they're (potentially) doing wrong if they are
unaware it's happening?  

Also, there is the concern that if you raise the issue with your employer
there may be retaliation PRIOR to an employee going public. Well, there are
many ways to protect against this, the simplest of which is to send an
e-mail to your employer citing the issue and your concerns, stating why you
feel this may be contrary to contractual, legal or regulatory
requirements... and bcc yourself or a third party at a private e-mail
address.  If your employer responds or states directly to you that they
don't think there is an issue or that they don't feel it's appropriate for
you to raise the issue and you STILL FEEL it's a violation and you elect to
go public with it, you have documented that you notified them first and when
that occurred.  If you STILL feel the need to have a 'paper trail' and they
spoke to you directly, send a confirming e-mail regarding the conversation
and restate the issue and the response you received, and again, bcc yourself
or a third party.

These actions will provide the documentation necessary to show that you
clearly identified the issue, raised it with your employer first, and if
they decided not to act on it, what their response was to your concerns
after notifying them. This will generally provide the level of protection an
employee would need in the event of any unfair retaliation... and yes, if
you fear it may occur, then you should seek legal advice or the protection
of a regulating agency of some form before you go public.

As I said, an interesting discussion.

Larry
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[Yes, it's really me =) ]

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