The Role of Evidence in Whistleblower Cases

Whistleblowing cases can uncover serious crimes and help keep companies honest. However, for this to happen effectively, a whistleblowing case must be accompanied by evidence. 

This is where some complications enter the picture. Rules govern evidence in whistleblowing, from what types of evidence gathered are protected under the law to what types may be illegal. Knowing the details behind the role of evidence in whistleblower cases is a critical part of achieving success with them. 

Evidence in Whistleblower Lawsuits

Evidence is key to supporting whistleblower claims. Without it, it can be difficult to prove anything, and the lack of it may doom a case. 

When it comes to whistleblower lawsuits, a few types of evidence are particularly helpful. These include: 

• Documentary support
• Picture evidence
• Video evidence
• Audio evidence

Documentary Support in Whistleblower Cases

Documents, such as papers, files, emails, and other documents providing proof of whistleblower claims can be a major source of potential evidence. 

However, not all documents are treated equally in whistleblower cases. The type of documents will impact how they help build a whistleblower case and even whether an employer can pursue legal action against the employee gathering the evidence, which is normally protected under the law. 

Employees should generally avoid gathering confidential information. This could include personal information about employees, trade secrets, and other information protected under the company’s confidentiality agreements. 

Breaking the law to obtain documents is also inadvisable. Some information, like that protected by HIPAA, is illegal to remove. There may be local or state laws protecting other kinds of information. 

Evidence gathered from exchanges between a company and its attorneys is potentially unusable. This often falls under attorney-client privilege and is thus protected. 

Employees should generally avoid gathering information that they would otherwise not come across. Support should come from materials they would normally come into contact with, not go out of their way to find. Because of the role of evidence in whistleblower cases, you do not want to make evidence inadmissible because of its source.

Picture Evidence in Whistleblower Cases

Picture evidence can help capture illegal activities as they take place. 

However, it is important to note photos can fall into a legal gray area. Many companies have places where they do not allow photos to be taken or have policies that prevent employees from taking pictures altogether. These could get the whistleblower in trouble if they violate these guidelines to take pictures.

Yet, some of these photo restrictions have been labeled unlawful. Because of this, it is important to look into relevant cases and local laws to determine whether photo evidence was gathered in a way that will shield the employee while building a whistleblower case. 

Audio Evidence in Whistleblower Cases

In many whistleblower cases, audio evidence can be key. However, how this audio evidence is gathered again matters. 

The most important thing to consider is whether it was gathered legally. Many states have laws that protect people from being recorded without their consent. An audio recording of a phone call in which the person being recorded was unaware they were being recorded may be illegal in your state. 

Video Evidence in Whistleblower Cases

Since it can capture both images and sound, video evidence can provide even more details about what is going on and may provide more proof when establishing credibility in whistleblower allegations. 

However, video evidence often mirrors the same restrictions as picture and audio evidence. This means conforming to any restrictions that prevent recordings from being made and following local or state laws that govern the recording of people without their consent. 

Understanding the Role of Evidence in Whistleblower Cases

Evidence can be helpful in backing up statements or claims in whistleblower cases. However, not all evidence is helpful. The evidence needs to either show that something illegal is being done or demonstrate the extent of the illegal activity. 

It is important to examine the evidence carefully and see what it proves. You can do this by asking yourself questions about it, such as the following:

• Does it help prove fraud? 
• Does it show who is perpetrating the crime or anyone else involved? 
• Does it help establish a timeline?
• Does it explain the mechanisms behind the illegal activity? 
• Does it show the impact of the illegal activity?

Supporting Whistleblower Cases With Evidence

Just like any legal case, whistleblower cases need to be backed up with evidence. The legal importance of supporting evidence cannot be understated. But that evidence must be permissible.

The role of evidence in whistleblower cases is to serve as proof in whistleblower claims. Working with a whistleblower retaliation attorney who can help you gather and verify the legality of your evidence will give you a better shot at a supported case.

Need assistance gathering and documenting evidence in your whistleblower case? Let the attorneys at Kent Pincin in Redondo Beach, CA, help. Give us a call at 310-376-0922 to schedule your free consultation.