The DOJ's Criminal Division now expects you to train employees on both your internal anti-retaliation policies and external whistleblower protection laws. If you haven't done this yet, you're not alone. Many compliance training programs focus only on internal channels, leaving employees unaware of their legal protections or external reporting options.
This template provides a ready-to-use training script covering both internal and external whistleblower safeguards. It's designed for delivery in a live session, recorded video, or e-learning module.
Purpose of This Script
This training script addresses a specific question from the DOJ's updated compliance program guidance: "Does the company train employees on both internal anti-retaliation policies and external anti-retaliation and whistleblower protection laws?"
Use it when you need to:
- Ensure employees understand their full range of reporting options
- Explain your anti-retaliation safeguards clearly
- Introduce employees to external whistleblower programs without discouraging internal reporting
- Document that you've provided this training, which is important if prosecutors evaluate your program
The script takes about 8-10 minutes to deliver at a natural speaking pace.
Preparation
Before customizing this script, gather:
- Your organization's current Anti-Retaliation Safeguards language
- Contact information for your internal reporting channels (hotline number, web portal, email address)
- Names of relevant external whistleblower programs for your industry (SEC Speak-Up Program, OSHA, state agencies)
- Any recent changes to your speak-up program or investigation process
- Examples of how your organization has protected reporters in the past (sanitized, of course)
You'll also need sign-off from legal counsel on how you describe external reporting options. Some attorneys worry that mentioning external channels will encourage employees to bypass internal reporting. The DOJ's guidance suggests that concern is misplaced. Employees who don't know about external options will find them anyway when they're frustrated with your internal process.
The Training Script
[OPENING]
"Today we're talking about something that matters more than any policy in our handbook: your right to speak up when something's wrong, and what happens when you do.
You've heard about our internal reporting channels. Today I'm also going to tell you about external reporting options and the laws that protect you when you raise concerns. I'm doing this because it's the right thing to do and because regulators expect us to be transparent about all your options."
[INTERNAL ANTI-RETALIATION SAFEGUARDS]
Let's start with our internal policy. When you report a concern through [hotline/email/manager], our anti-retaliation safeguards kick in immediately.
Here's what that means in practice:
You cannot be fired, demoted, denied a promotion, given a poor performance review, or excluded from projects because you reported misconduct in good faith. 'Good faith' means you genuinely believed there was a problem. You don't have to be right. You just have to be honest.
If you report confidentially through our hotline, we protect your identity throughout the investigation. Only the people who absolutely need to know will know. That's usually 2-3 people: the investigator, the compliance officer, and sometimes HR or legal counsel.
If someone retaliates against you for reporting, that retaliation is itself a violation of our Standards of Business Conduct. We investigate retaliation claims separately and take them seriously. In the past [X time period], we've [disciplined/terminated] [X employees/managers] for retaliating against reporters. [NOTE: Only include this sentence if you have specific, verified examples. If not, delete it.]
[EXTERNAL WHISTLEBLOWER PROTECTIONS]
Now let's talk about external options.
You have a legal right to report concerns to government agencies, and federal and state laws protect you from retaliation when you do. These protections exist whether or not you report internally first.
For financial misconduct, securities violations, or accounting fraud, you can report to the SEC Speak-Up Program. The Dodd-Frank Whistleblower Provisions protect you from retaliation and may provide financial awards if your information leads to an enforcement action.
For workplace safety issues, you can report to OSHA under the Occupational Safety and Health Act.
For [industry-specific issues], you can report to [relevant agency]. [Customize based on your sector: FDA for pharma, EPA for environmental, FinCEN for banking, etc.]
I'm telling you this not because we want you to skip our internal channels, but because you deserve to know your full range of options. In most cases, reporting internally first gives us the chance to fix problems quickly. But the choice is yours, and the law protects that choice.
[HOW INVESTIGATIONS WORK]
When you make a report, here's what happens:
Within [X business days], someone from compliance or HR will acknowledge your report. We'll tell you what to expect next and give you a way to check on the status.
We investigate every report. Some investigations take a few days; complex ones can take weeks. We'll keep you informed at key milestones.
If we substantiate your concern, we take corrective action. That might mean retraining, policy changes, discipline, or termination, depending on what we find. We won't tell you every detail of the outcome (employee privacy matters), but we will confirm that we took action.
If we don't substantiate your concern, we'll explain why. Sometimes the facts don't support the allegation. Sometimes there's a reasonable explanation you didn't have access to. That's okay. You still did the right thing by reporting.
[RETALIATION RED FLAGS]
How do you know if you're experiencing retaliation?
Watch for sudden changes after you report: a performance review that's inconsistent with your track record, exclusion from meetings you'd normally attend, a shift in your manager's tone or treatment, or being given impossible deadlines.
If you see these patterns, report them immediately through the same channels. Don't wait. Retaliation often escalates if it's not addressed quickly.
[CLOSING]
Here's what I want you to remember:
You have multiple ways to report concerns, both internal and external. All of them come with legal protections. We want you to use our internal channels first, but we respect your right to choose.
Retaliation is not tolerated here. If it happens, report it. We will investigate it. We will act on it.
Questions?"
How to Customize It
Replace bracketed placeholders with your specifics:
- [hotline/email/manager]: List your actual internal reporting channels with contact information
- [X business days]: Your actual response timeline
- [X time period]: The timeframe for your retaliation enforcement examples
- [industry-specific issues] / [relevant agency]: Tailor to your sector (healthcare, finance, manufacturing, etc.)
Adjust the tone for your audience:
- For frontline employees, add more examples and simplify the legal terminology
- For managers, add a section on their obligation to report up and protect their direct reports
- For global audiences, add country-specific whistleblower laws
Add your branding:
- Include your company's speak-up program name if you have one
- Reference your Standards of Business Conduct by its actual title
- Use your organization's typical training format (slides, video, workbook)
Validation Steps
Before you roll this out, test it:
Legal review: Have counsel confirm your description of external reporting options is accurate and doesn't create unintended liability.
Pilot with a small group: Deliver it to 10-15 employees from different departments. Ask them: "Did you understand your options? Do you feel more or less comfortable reporting after this training?"
Check comprehension: Add 3-5 scenario-based questions to your training platform. Example: "Sarah reports a safety concern through the hotline. The next week, her manager gives her a poor performance review. What should Sarah do?"
Measure behavior change: Track hotline volume and the percentage of reports that mention retaliation concerns. If you see a spike in retaliation reports after training, that's often a good sign. It means employees now recognize retaliation when they see it.
Document delivery: Keep records of who completed the training and when. If prosecutors ever evaluate your program, they'll ask for proof that you trained on both internal and external protections.
This script isn't perfect for every organization, but it gives you a defensible starting point. The DOJ wants to see that you've thought about how employees learn their options and feel safe using them. A script like this, delivered consistently, shows you're taking that obligation seriously.
