1. It is a violation of a law.
2. It breaks a rule or regulation.
3. It poses a direct threat to public interest due to activities such as fraud, environmental or health/safety violations, or clear evidence of corruption.

Most whistleblowing cases are based on relatively minor misconduct.

Internal whistleblowers report misconduct to another employee or superior within their company, agency, or organization. The most common type of whistleblowers are internal.

External whistleblowers report misconduct to outside persons or entities. In some cases, depending on the severity and nature of the perceived offense, a whistleblower may report the misconduct to lawyers, the media, law enforcement, watchdog agencies, or other governmental agencies.

Under U.S. federal law, many courts have not made a distinction between “internal” and “external” whistleblowing. Where reporting concerns environmental issues, the federal courts have held that protecting internal whistleblowing is, and should be, considered to be a matter of wise public policy. This is because whistleblower statutes are intended to encourage the free flow of information and to prevent violations. Some court decisions on internal whistleblowing have determined that it promotes problem resolution at the earliest possible stage. Discouraging internal reporting can have negative consequences for companies, individuals, and the public in general.

Whistleblowing by Federal Government Employees

Under most U.S. federal whistleblower statutes, in order to be considered a whistleblower, the federal employee must reasonably believe his or her employer has committed a violation of some law, rule, or regulation. In addition, the employee must testify or commence a legal proceeding concerning the legally-protected matter.

Another method of becoming a whistleblower is simply refusing to personally violate the law, rule, or regulation in question.

Whistleblowing can be considered treason if, for any reason, the information being released is specifically protected by law, or is a compromise to national defense. In the United States, as of March 2008, there are no cases in which a whistleblower has been tried for treason, and it is not treasonous to blow the whistle on illegal conduct by government officials. A whistleblower may also report activities that are treasonous. However, the fact is, a whistleblower dealing with a matter of national security, who also claims they have suffered retaliation, likely will see their lawsuit stifled or denied because to allow litigation would compromise national security.

Whistleblowing by Quality Control or Auditor Personnel

Employees of any organization whose job includes internal auditing or quality control may not be considered whistleblowers, as they are primarily just doing their job. If, however, their reports are submitted in the due process of their position and those reports of offenses are ignored by their employers, the reporting may be considered whistleblowing. Where such reports involve environmental or public safety issues, the reporting may be considered a valuable public service because it can prevent more serious problems in the future. U.S. courts have uniformly held that persons who hold quality control or auditor positions are protected from retaliation for violating privacy law or regulations.

Origins of the term “Whistleblower”

The term whistleblower derives from the practice of English bobbies (police officers), who would blow their whistles when they witnessed a crime being committed. The blowing of the whistle would alert both law enforcement officers and the general public of danger.

Ideas about whistleblowing vary. Some view whistleblowers as selfless martyrs acting in the public interest. When the whistleblowing involves private companies, it is often considered to be in the interest of organizational accountability. At the same time, there are those who view whistleblowers as “snitches,” with their sole purpose being to pursue personal glory and fame. The majority of cases of whistleblowing are very low-profile, and receive little or no media attention. Those whistleblowers who do report significant misconduct often find themselves in danger of some sort of persecution or backlash.

Persecution of Whistleblowers

Persecution of whistle-blowers is a serious issue in many parts of the world. Although whistleblowers are often protected under law from employer retaliation, there have been many cases where individuals have been punished for whistleblowing. Retaliation may take forms such as termination, suspension, demotion, wage garnishment, or even harsh mistreatment by other employees. In the United States, most whistleblower protection laws provide for some remedies or damages for lost wages, but benefits are limited even if whistleblower retaliation is proven. However, many whistleblowers report encountering a wide-spread “shoot the messenger” mentality by corporations or government agencies accused of misconduct. In some cases whistleblowers have been subjected to criminal prosecution in reprisal for reporting wrongdoing.

Some private organizations have formed legal defense funds or support groups to assist whistleblowers. Depending on the circumstances, some whistleblowers feel they are ostracized by their co-workers. In addition, they often feel discriminated against by future potential employers. In companies unaware of whistleblower protection laws, it is not unusual for whistleblowers to be fired for their actions.