Employers Asking You To Break The Law: Your Rights Explained

Employees have the right to work in a safe environment that follows the law. However, there are times when employers might try to pressure their employees to engage in illegal activities. In such cases, it is important to know your rights and what steps you can take. While your employer cannot force you to break the law, you can still be held accountable for your actions in court. If you are unsure about the legality of a situation, it is best to consult an experienced employment lawyer.

Employees' rights and protections

Employees have a right to work in a safe, legal environment. This means that employers cannot ask or force their employees to break the law. Employees are also protected if they refuse to comply with an employer's request to do something illegal. Employees cannot be retaliated against for refusing to participate in illegal activities.

Despite this, employers may sometimes try to take advantage of their position of power by requesting an employee to commit an illegal act to further their business or personal interests. This can occur in a number of ways, such as asking employees to lie on paperwork to a government agency, violate safety laws, or discriminate against other employees. Employees may also be pressured to work in excess of 40 hours a week and are asked to document those extra hours as meal breaks, thus avoiding paying overtime.

If an employee suspects that their employer has asked them to do something illegal, it is recommended that they consult an experienced employment lawyer to discuss their circumstances and options. This documentation can be helpful if the employee decides to take legal action later on. In the state of Michigan, there is a cause of action called public policy discharge, which provides a remedy to employees who have been fired for refusing to engage in illegal activities. Additionally, under whistleblower protections, it is illegal to fire an employee for reporting illegal activity to a government agency.

There are also a variety of statutes overseen by the U.S. Equal Employment Opportunity Commission (EEOC) that protect employees from hostile work environments, discrimination, and unfair labor practices. For example, the EEOC enforces laws that prohibit a dozen different types of discrimination and, in most cases, employers cannot use these factors in hiring decisions or even ask about them during the interview process. This includes age, marital status, religion, plans to become pregnant, race, color, sex, national origin, disability, and genetic information.

Whistleblower laws

An employer cannot ask you to break the law. If you are asked to do something illegal as part of your job and you refuse, your employer cannot fire you for that refusal. If they do, you can sue your employer for wrongful termination.

It is important to note that while whistleblower laws offer protection, employees must still be cautious when reporting illegal activity. Internal complaints are not covered by whistleblower protections. To be protected, employees must report illegal activity to a government agency or threaten to make such a report.

Employer retaliation

While it is illegal for an employer to ask their employees to break the law, it does happen. Employees may be asked to lie on paperwork for government agencies, violate safety laws, or commit a violent crime. In such situations, it is important to remember that individuals can be held responsible for their actions in a court of law, even if they were directed by their employer.

If an employee is fired for refusing to break the law, they have the right to file a wrongful termination claim. The U.S. Equal Employment Opportunity Commission (EEOC) prohibits punishing employees for asserting their rights, and employees are protected by whistleblower laws if they report their employer for asking them to break the law.

There are several other protections in place for employees who find themselves in such situations. For example, the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) protects migrant and seasonal agricultural workers by establishing employment standards related to wages, housing, transportation, disclosures, and record-keeping. The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record-keeping, and youth employment standards. The Employee Polygraph Protection Act prevents employers from using lie detector tests for pre-employment screening or during employment.

Additionally, there are laws that specifically prohibit discrimination and retaliation against employees and job applicants. For instance, Labor Code section 230.4 protects employees who are volunteer firefighters, reserve peace officers, or emergency rescue personnel, allowing them to take up to 14 days off per calendar year for training. Labor Code section 246.5 prohibits employers from retaliating against employees who use sick leave or file a complaint regarding sick leave.

If employees have concerns about their employer asking them to break the law, it is recommended to consult an experienced employment lawyer to discuss their specific circumstances and options.

Discrimination

• Race
• Colour
• Religion
• Sex (including pregnancy, childbirth, transgender status, sexual orientation)
• National origin
• Age (40 or older)
• Disability
• Genetic information

These factors, known as protected classes, should not be used when making employment decisions, such as hiring, setting compensation, and awarding promotions. For example, a job application cannot ask for your age, marital status, religion, or plans to become pregnant.

Additionally, the EEOC enforces laws that prohibit discrimination in recruitment practices. For instance, a help-wanted ad seeking "females" or "recent college graduates" may discourage men and people over 40 from applying and may violate the law. Similarly, an employer's reliance on word-of-mouth recruitment by its mostly Hispanic workforce may violate the law if it results in most new hires being Hispanic.

The EEOC also enforces laws that prohibit discrimination in other employment decisions, such as granting breaks, approving leave, assigning workstations, and recalling workers after a layoff. For example, an employer may not discriminate when deciding which workers to recall after a layoff based on their race, colour, religion, sex, national origin, age, disability, or genetic information.

Furthermore, the EEOC enforces laws that prohibit discrimination in the terms and conditions of employment, including reasonable accommodations for religious beliefs or practices and disabilities. For instance, an employer may have to make reasonable adjustments, such as allowing additional break times for a worker to practice their religion or providing a ramp for a wheelchair user.

It is important to note that state laws may provide additional protections beyond those offered by the EEOC. For example, California prohibits discrimination based on marital status and political affiliation, while Florida prohibits discrimination against individuals based on their AIDS/HIV status.

If an individual believes they have been discriminated against, they can report it to the EEOC or a local Fair Employment Practices Agency (FEPA), depending on the nature of the complaint.

Criminal prosecution

Employees who agree to participate in serious unlawful conduct on behalf of their employers run the risk of facing criminal charges and a jail sentence. While corporations can be prosecuted for criminal activity, only individuals can go to jail, and these are usually the corporate officers and employees who participated in the criminal activity. Even if an employer asks you to break the law, you can be held accountable and responsible for your actions in a court of law.

Whistleblower laws exist to protect employees who are trying to protect others by informing on their employers. These laws usually prevent an employee from being fired for reporting such conduct or from retaliation by the employer. Whistleblower laws are often extremely fact-specific and may only pertain to a specific industry or type of misconduct, such as misconduct by financial firms, environmental issues, safety issues, or fraud in contracts with the state or federal government.

Employees may have grounds for a wrongful termination lawsuit if they are terminated for reporting their employer's illegal conduct or because they refuse to obey an employer's illegal orders. Under this legal theory, the aggrieved employee alleges that allowing the employer to fire the employee is against public policy, meaning that it is bad for society to allow an unjust outcome that sets a bad precedent for future cases.

The state of Michigan, for example, has a cause of action called public policy discharge, which provides a remedy to employees who have been fired for refusing to engage in illegal activities. This means that if an employee is told to do something illegal as part of their job and they say no, and they are fired because of their refusal, they can sue their employer for wrongful termination.

Frequently asked questions