Whistleblowing is a courageous act that exposes wrongdoing, safety violations and/or fraud within the workplace. For railroad workers who report unsafe conditions, employer misconduct or regulatory violations, speaking out is undoubtedly valuable, but it can be risky. As such, it’s important to mitigate risks to one’s rights and credibility whenever possible, when preparing to blow the whistle and when actively involved in a whistleblowing case.
For example, while federal laws like the Federal Railroad Safety Act (FRSA) protect whistleblowers from retaliation, social media activity can still jeopardize a claim, impact credibility and provide employers with ammunition to challenge a worker’s case.
Why social media activity can put whistleblowers at risk
Social media platforms like Facebook, X and Instagram serve as great opportunities for networking and expression for millions of people in the U.S. However, posting about workplace concerns, legal claims or employer disputes can do more harm than good. Ultimately, there are many reasons why whistleblowers should log off, including:
- Employers monitor online activity: Many companies, including railroad employers, actively monitor employees’ social media accounts. Even private posts can be screenshotted, shared or subpoenaed.
- Posts can be misinterpreted: A seemingly innocent post about a work-related situation, frustration with an employer or even unrelated personal activities can be taken out of context and used to discredit a claim.
- Legal protections don’t cover social media missteps: While whistleblower laws protect workers from retaliation, they do not shield employees from the consequences of their own online activity. A poorly worded post can be used as evidence against a whistleblower’s case.
- Private messages are not always private: Direct messages and private groups might seem secure, but they can be accessed through legal discovery or leaked by others.
If you have reported a violation or are considering blowing the whistle on your employer, taking precautions when it comes to social media is going to be important. Start by considering the following steps:
- Avoid posting about your case, employer or workplace issues
- Adjust privacy settings, but understand that nothing is truly private online
- Do not discuss your complaint with coworkers or online groups
- Refrain from venting frustrations about the case on social media
- If in doubt, stay off social media entirely until your case is resolved
Finally, should you have questions about your existing social media activity, don’t hesitate to let your legal team know, as there may be ways to mitigate the risks associated with content that has already been posted.