Almost all employers require new employees to sign an employment contract. And almost all employment contracts have a termination clause. And most of the termination clauses have a provision which states that the employer has the right to terminate an employee for just cause without notice. This case suggests most of these termination clauses are not enforceable.
Somewhere between going on an ill-advised “fishing expedition” and commencing a clearly defined investigation of a formal complaint, lies a grey area rife with uncertain legal obligations and sticky situations.
When it comes to effective internal whistleblower hotlines, silence is never a sign of success. It is usually a sign that the compliance program, and its internal reporting systems, are not resonating with employees and is therefore, not effective. In these cases, we have to ask ourselves why?