Reporting A Boss: Breaking Federal Law

If you believe your boss is breaking federal law, it's important to first make sure that your employer is, in fact, breaking the law. Many people wrongly assume that they are entitled to certain things that are not actually enshrined in law. If you are certain that your employer is breaking the law, it is advisable to simply talk to them about it directly. It's best to approach this conversation with a collaborative tone, rather than an adversarial one. If speaking to your employer does not resolve the issue, you may need to take further action, such as contacting a lawyer or your state's labor department. It's also important to keep in mind that whistleblowing can be risky, as you may face retaliation or difficulty finding future employment.

Know your rights

It is important to know your rights as an employee. Here are some of the things your boss cannot legally do:

Discrimination

Your employer cannot discriminate against you based on race, colour, religion, sex, nationality, disability, age, or genetic information. This includes not being discriminated against when it comes to hiring, setting compensation, and awarding promotions.

Salary Talk

Your employer cannot punish you for discussing your salary with co-workers. This is protected under the National Labor Relations Act (NLRA).

Unpaid Overtime

Your employer cannot make you work overtime without paying you for it. If you are a non-exempt employee, you are protected by federal and state labour laws that guarantee rights to overtime pay, meal and rest breaks, and a minimum wage.

Illegal Questions During Hiring

Your employer cannot ask illegal questions during the hiring process. This includes questions about drug use, English proficiency, or plans to have children. However, they can ask if you are comfortable taking a drug test or if you have authorisation to work in the country.

Minimum Wage

Your employer must pay you at least the minimum wage. This rate may vary depending on the city or state you are in.

Off-the-Clock Work

Your employer cannot ask you to work off the clock without paying you for it. This includes responding to work emails or phone calls outside of work hours or performing administrative tasks.

Whistleblowing

Your employer cannot fire you or lay you off for reporting illegal activity at work. This is considered whistleblower retaliation and is protected under specific statutes.

Toxic Workplace Behaviour

Your employer is responsible for ensuring a professional work environment that is free of harassment and discrimination. If your employer turns a blind eye to hostile behaviour, you may have a claim for a hostile work environment.

Retaliation

Your employer cannot retaliate against you for engaging in legally protected activities, such as filing complaints about discrimination or reporting violations of minimum wage laws. Retaliation can include job termination, demotion, reduced pay, or poor performance reviews.

Wage Discrimination

Your employer cannot pay you less for an illegal reason, such as gender, race, or disability. This is considered wage discrimination and includes differences in benefits or other parts of the compensation package.

Gather evidence

Gathering evidence is a crucial step in reporting your boss for breaking federal law. Here are some detailed strategies to help you gather evidence effectively:

• Documentation: Keep a journal or a logbook to record incidents of your boss's inappropriate behaviour. Note the date, time, and specific details of each incident. Include any witnesses present during the incident. If possible, get written statements from these witnesses to corroborate your claims.
• Collect factual evidence: Gather tangible evidence such as emails, receipts, records, or any other documentation that supports your claims. For example, if your boss is accused of financial misconduct, gather evidence like expense reports, bank statements, or invoices that show irregular transactions.
• Use technology: Use your smartphone to discreetly record audio or video of your boss's actions, especially if they are engaging in illegal or inappropriate behaviour. However, be mindful of the legal implications of recording without consent, as it may not be admissible in court.
• Confide in trusted colleagues: Identify one or two trusted colleagues who may have had similar experiences or witnessed your boss's behaviour. Share your concerns with them and ask about their experiences. Their support and additional evidence can strengthen your case.
• Maintain organisation and stealth: Keep all your evidence organised and secure. Avoid storing evidence on your work computer or anywhere your boss can easily access it. Be discreet when gathering evidence to avoid raising suspicion.
• Reflect and evaluate: Take time to reflect on your boss's actions and determine if they warrant being reported. Discuss your feelings with a trusted colleague or friend to gain perspective. Ensure your boss does not become aware of your plans.
• Consider alternative options: Building a case against your boss can be emotionally draining and time-consuming. Evaluate if it is worth the hassle, and consider looking for another job if the situation becomes unbearable.

Report to the right person

If you reasonably believe your employer is doing something illegal or unethical, you should first bring it to your supervisor's attention. If it is your supervisor you suspect, you should exhaust the chain of command within the company.

If no one within the chain of command responds, there is usually a government agency that you can file a complaint with. For example, if you are being deprived of overtime, you should make a complaint with the labour department of the state where you work. If you are unsure about the type of complaint to make, contact an employment law attorney before making any formal complaint with a government agency.

The Occupational Safety and Health Administration (OSHA) investigates employee complaints about workplace safety and regulatory violations and offers whistleblower protections, including legal support in the event of retaliatory action.

The Wage and Hour Division (WHD) is directly responsible for enforcing the Fair Labor Standards Act (FLSA). If you have a wage complaint or need to report violations of federal laws such as the Family and Medical Leave Act (FMLA), contact the WHD.

The Equal Employment Opportunity Commission (EEOC) takes all complaints regarding civil rights violations. Employment discrimination based on race, religion, gender, or national origin is prohibited in all workplaces. Any employee may report such behaviour.

Avoid assuming whistleblower protection

If you believe your boss is breaking federal law, you may want to report them. However, it's important to avoid assuming that you will be protected as a whistleblower. While whistleblower protection laws exist, there are some important considerations to keep in mind:

Firstly, not all disclosures are protected. For a disclosure to be protected, it must be based on a reasonable belief that wrongdoing has occurred and it must be made to an authorized person or entity. Authorized audiences differ depending on the nature of the disclosure and the industry. For example, for disclosures involving classified information, the information must be shared with authorized officials who are equipped to handle sensitive information.

Additionally, whistleblower protection laws vary across industries and agencies. Different agencies have different processes and criteria for accepting and investigating whistleblower complaints. For instance, the U.S. Department of Labor's Wage and Hour Division enforces labor laws and investigates complaints, while the Occupational Safety and Health Administration (OSHA) handles issues related to employee safety, consumer product safety, and environmental protection, among others. Understanding the specific laws and protections offered by your industry or agency is crucial.

Moreover, it's important to recognize that whistleblower protection laws may not cover all forms of retaliation. Retaliation can take many forms, including termination, demotion, denial of overtime or promotion, reduction in pay or hours, disciplinary action, or a hostile work environment. While these actions are generally prohibited, the specific protections available to you may depend on the laws enforced by your particular agency or industry.

Furthermore, it's worth noting that the burden of proof often falls on the whistleblower. This means that if you experience negative consequences after making a disclosure, you may need to prove that the employer's actions were retaliatory in nature. This can be challenging, and it's important to carefully document any evidence of wrongdoing or retaliation.

Finally, it's crucial to understand your rights as a whistleblower and the specific laws that apply to your situation. Whistleblower protection laws can be complex, and seeking legal advice or consulting with a lawyer can help you understand your rights and options. By understanding the specific laws, protections, and processes that apply to your industry or agency, you can make a more informed decision about whether and how to report your boss's federal law violations.

Document everything

Documenting your interactions with your employer is crucial if you believe they are violating your rights as an employee. Here are some steps you can take to ensure you have a comprehensive record of your experiences:

• Keep a Record of All Interactions: Maintain a detailed log of any interactions or communications with your employer that pertain to the issue at hand. This includes meetings, conversations, emails, text messages, or any other form of communication. Note the date, time, location, and a summary of what was discussed or decided. If there are important documents related to the issue, be sure to make copies for your records.
• Record Requests and Grievances: It is important to document any requests you make to your employer regarding the issue, as well as any grievances or concerns you have. This demonstrates that you have actively tried to resolve the matter and highlights your employer's response (or lack thereof).
• Save Relevant Voicemails and Emails: If you receive voicemails or emails from your employer regarding the issue, be sure to save them. These can serve as valuable evidence if needed.
• Note Missed Paydays and Other Violations: Keep a record of any missed paydays or other violations of your rights. For example, if you are not being paid promptly or are experiencing issues with your wages, document the dates and amounts involved.
• Use a Journal or Digital Tools: Consider using a journal or digital tools such as a word-processing document or a note-taking app to keep your records organised and secure. You can also use your phone to take photos or screenshots of relevant information.
• Maintain Confidentiality: Remember to keep your documentation confidential and only share it with trusted individuals or entities, such as an attorney or a government agency that handles employment-related issues.

By following these steps, you will have a comprehensive record of your experiences, which can be crucial if you need to take further action or seek legal recourse.

Frequently asked questions