Employee Rights: When Employers Order Illegal Actions

It is not uncommon for employers to inadvertently or advertently break the law. Employees are protected by law 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 and may have grounds for a wrongful termination lawsuit if they are terminated for reporting their employer's illegal conduct. Whistleblower laws and public policy arguments vary across different states and countries, so it is important to consult an employment lawyer for more specific information.

Can an employer order an employee to break the law?

Employees are protected by law if they refuse to break the law

Employees cannot be forced into breaking the law, as whistleblower statutes offer protection. These laws prevent an employee from being fired for reporting an employer's illegal conduct and from retaliation by the employer. Whistleblower statutes may cover a range of issues, including environmental dumping, fraudulent accounting practices, and unlawful bidding on government contracts.

Employees may also be protected by arguing that the employer's conduct is in violation of public policy. If an employee is fired or other adverse employment action is taken, they may be shielded from termination or eligible for compensation through a wrongful termination lawsuit. This legal theory is based on the idea that it is against public policy and bad for society to allow an unjust outcome that sets a bad precedent for future cases.

To acquire protection, employees may need to report misconduct to a supervisor, governmental agency, or another employee with the authority to investigate and address the issue. It is important for employees to understand their rights and seek legal counsel if they feel their employer is asking them to do something illegal.

Employees can report employers for illegal conduct

No one is above the law, including employers. Employees have the right to refuse to obey an employer's illegal orders and report their employer's illegal activities. Employees are protected by law if they refuse to participate in illegal activities and their employer cannot retaliate against them for doing so.

Employees can report their employer's illegal conduct through internal channels, such as reporting to their immediate supervisor or the human resources department, or a designated ethics hotline or inbox. It is important to maintain records of all communications and actions taken. If an employer does retaliate against a whistleblowing employee, the employee may be shielded from termination or eligible for compensation through a wrongful termination lawsuit.

Additionally, employees can seek legal counsel from an employment attorney who can help them understand their rights and options. Whistleblower laws and programs vary by state and industry, so it is important to consult with a lawyer who can advise on the specific laws and protections that apply. In some cases, whistleblowers may be eligible to recover a percentage of any amounts the government recoups from the employer based on the information provided.

Before reporting an employer's illegal conduct, it is important for employees to carefully consider their options and gather any evidence that can support their assertions. This may include documenting instances of retaliation or negative changes in their employment situation as a result of whistleblowing. Employees should also be aware that whistleblower laws and claims against retaliation only apply if the complaint involves something substantial, such as fraud or corruption, rather than simply having an unpleasant boss.

Employees can be shielded from termination or eligible for compensation if they are fired for reporting their employer

Employees are protected by law if they refuse to obey an employer's illegal orders. This means that employers cannot retaliate against employees for their refusal to participate in illegal activities. If an employee is fired for reporting their employer's illegal conduct, they may be shielded from termination or eligible for compensation through a wrongful termination lawsuit.

In the United States, the National Labor Relations Act and a variety of statutes overseen by the U.S. Equal Employment Opportunity Commission (EEOC) protect employees from hostile work environments, discrimination, and unfair labor practices. The EEOC prohibits discrimination against workers on the basis of eight broad categories: race, colour, religion, sex, national origin, age, disability, and genetic information. Many states have their own expanded lists of protected classes. For example, California includes marital status and political affiliation in its list of protected classes, while Florida prohibits discrimination based on AIDS/HIV status.

Federal employees are protected by the federal whistleblower statute, and many states have passed similar laws pertaining to state government or private businesses. Whistleblower laws and claims against retaliation only apply if the employee was complaining about something substantial, such as fraud or corruption. If an employee believes they have been terminated unfairly, they can make a complaint of retaliatory discharge to the Workers' Compensation Board or contact the National Labor Relations Board (NLRB).

In addition to whistleblower protections, employees may have other legal recourse if they are fired unfairly. For example, if an employee works under a contract that states they can only be fired for a specific cause, they may have recourse through the grievance procedure defined in that contract. Most union contracts include a "good cause" provision. Unlawful reasons for termination include discrimination on the basis of race, religion, sex, national origin, age, sexual orientation, marital status, military status, or disability.

If an employee believes they have been terminated unfairly, they can consult an attorney to determine whether legal action is appropriate. They may also be eligible to receive unemployment benefits if they meet certain eligibility requirements.

Employees can seek legal counsel to learn about their options

Employees have the right to refuse to participate in illegal activities, and they are protected by law if they do so. However, it can be intimidating to say "no" to an employer, and employees may be unsure of their rights and options in such situations. This is where legal counsel from an employment attorney can be beneficial.

Employment lawyers can help employees understand their rights and options if their employer asks them to break the law. They can advise on what constitutes illegal activity and whether the employer's request falls into that category. For example, an employer may ask an employee to drive through the night, bypassing federal break requirements, or ask them to document extra hours as meal breaks, which may be illegal. An attorney can clarify the legality of such requests.

Additionally, legal counsel can inform employees of the potential consequences of complying with or refusing to comply with illegal requests. For instance, while an employee may not go to jail for a minor offence like speeding, they may still face consequences such as points on their license and higher insurance rates. On the other hand, refusing to comply may result in retaliation from the employer, such as termination. Knowing the potential outcomes can help employees make informed decisions.

In cases where an employee refuses to engage in illegal activities and faces adverse employment actions, such as termination or a negative impact on their employment terms and conditions, legal counsel can advise on the possibility of a wrongful termination lawsuit. Employees may have grounds for such a lawsuit if they are terminated for reporting their employer's illegal conduct or refusing to obey illegal orders. An attorney can assess the specific circumstances and advise on the best course of action to protect the employee's rights.

Furthermore, employment lawyers can provide guidance on whistleblower protections and laws, which vary by state and jurisdiction. Whistleblower statutes cover a range of illegal activities, from environmental dumping to fraudulent accounting practices, and employees may be protected from retaliation if they report their employer's illegal activities. An attorney can help employees understand the specific whistleblower laws applicable to their situation and advise on the appropriate steps to take.

Employees can report misconduct to a supervisor, governmental agency, or another employee with the authority to investigate

Employees are protected by law if they refuse to obey an employer's illegal orders. Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and other federal and state labor laws protect employees who refuse to participate in illegal activities. Whistleblower laws and public policy arguments vary across states, but employees may have grounds for a wrongful termination lawsuit if they are terminated for reporting their employer's illegal conduct.

If an employee believes their employer is breaking the law, they can report it to a supervisor, a governmental agency, or another employee with the authority to investigate. A supervisor or manager who is informed of allegations of misconduct must report the allegations to the appropriate officials and ensure that a prompt, objective, and thorough investigation is conducted. In the U.S., the U.S. Equal Employment Opportunity Commission (EEOC) protects employees from hostile work environments, discrimination, and unfair labor practices. The EEOC enforces employers to address or report to appropriate officials complaints of harassment, regardless of whether a complaint was framed in a particular format or made in writing.

Agencies are responsible for providing required training to their managers. However, federal managers may not address misconduct due to unfamiliarity with disciplinary processes, inadequate training, or insufficient support from their human resources offices. To address this, the U.S. Government Accountability Office (GAO) recommends that agencies improve the quality of data collected on misconduct, leverage lessons learned to help agencies address misconduct, and improve guidance on training supervisors and human resources staff on addressing misconduct.

Employees can also seek legal counsel from an employment attorney to understand their rights and options. It is important to document everything and take action to protect one's rights and ensure a safe working environment.

Frequently asked questions