Addressing Illegal Activity: A Guide To Confronting Your Employer

Employees are protected by law from hostile work environments, discrimination, and unfair labour practices. However, it can be difficult to know what to do when you suspect your employer is breaking the law.

Firstly, it's important to make sure that your employer really is breaking the law. People often wrongly assume that the law entitles them to certain things, such as fair treatment or paid vacation days.

If you are certain that your employer is acting illegally, it's usually best to talk to them directly. It's best to assume that they don't realise there's a legal problem, and to approach the conversation with a collaborative, rather than adversarial, tone.

If talking to your employer doesn't work, you may need to take further action. You could try talking to a lawyer or, depending on the law in question, your state's labour department. However, it's worth noting that taking legal action could unnecessarily poison your work environment and make it harder for you to get hired in the future.

Know your rights

It's important to know your rights as an employee, as the laws are changing in favour of employees. Knowing your rights will help you hold bully bosses accountable.

What Your Boss Can't Legally Do

No one is above the law, including your boss. Here are some things they can't legally do:

• Ask prohibited questions on job applications.
• Require employees to sign broad non-compete agreements.
• Forbid you from discussing your salary with co-workers.
• Not pay you overtime or minimum wage.
• Promise a job to an unpaid intern.
• Discriminate against workers.
• Allow you to work off the clock.
• Retaliate against whistleblowers.
• Fire someone after "papering" their personnel file.
• Classify you as an independent contractor but treat you like an employee.
• Discipline you for complaining about work on social media.
• Turn a blind eye to a hostile workplace.
• Ignore exemptions to vaccination mandates.

Your Rights at Work

If you work in New York City, you have rights regardless of your immigration status. Here are some of them:

• You have the right to up to 40 or 56 hours of leave a year to care for yourself or anyone you consider family.
• You have the right to make temporary schedule changes for up to two business days per year for certain personal events.
• You have the right to receive at least an hourly minimum wage rate.
• You have the right to extra pay in addition to the hourly minimum wage, including overtime pay, call-in pay, split shift and spread of hours pay, and uniform maintenance pay.
• You have the right to receive a written notice of the pay rate when you're hired, and a detailed wage statement (pay stub) each payday.
• You have the right to equal pay for equal work and to discuss your pay with your co-workers.
• You have the right to work free of discrimination and harassment.
• You have the right to complain about treatment that you believe is illegal job discrimination without punishment.
• You have the right to request reasonable changes to your workplace because of your religious beliefs, medical condition, or pregnancy, childbirth or related medical conditions.
• You have the right to keep any genetic information and medical information you share with your employer private.

Document everything

Documenting everything is an important step to take when you believe your employer is breaking the law. It is a way to protect yourself and others from potential retaliation. Here are some steps to follow:

• Make Sure You Have the Facts: Before taking any action, be certain about the facts of the situation. Understand the specific illegal or unethical conduct involved, the laws being violated, the number of employees in the company, and the state in which the employee is employed.
• Report It to the Right Person: If you reasonably believe your employer or supervisor is doing something illegal, report it to your supervisor or follow the chain of command within the company. If no one responds, you can file a complaint with a government agency, which will typically keep your identity confidential.
• Document Your Actions: Keep a record of your actions by saving relevant emails and taking notes during meetings or conversations related to the issue. This documentation can be crucial if you need to take legal action or defend yourself against retaliation.
• Understand Whistleblower Laws: Whistleblower laws offer some protection if you report illegal or unethical behaviour by your employer. However, it's important to know that you may still face retaliation or a difficult work environment even with these laws in place.
• Seek Legal Advice: If you are unsure about your rights or how to proceed, consider consulting an employment lawyer. They can advise you on your specific situation and help you understand your options, including filing a complaint or taking legal action.

Consult a lawyer

Consulting a lawyer is a good idea if you believe your employer is breaking the law. However, it is important to first make sure that your employer really is breaking the law, as people often wrongly assume that the law entitles them to things that aren't actually enshrined in law.

If you are certain that your employer is breaking the law, it is advisable to first try to resolve the issue with your employer directly, rather than immediately jumping to legal action. Start from the assumption that they don't realise there is a legal problem, and courteously bring it to their attention. This approach will usually result in a better outcome than making it clear that you think your employer is a flagrant law-breaker.

For example, if your boss is requiring you to work unpaid overtime when you're non-exempt, you could say something like, "We're actually required by federal law to pay overtime to people in my job category. I can work the overtime if you want me to, but the company is required to pay for it."

If talking to your employer doesn't work, you may need to take further action. You could try talking to a lawyer, or, depending on the law in play, contacting your state's labour department. It is a good idea to consult a lawyer before taking any action, as they can advise you on the best course of action and help you preserve your relationship with your employer as much as possible.

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, exhaust the chain of command within the company. If no one within the chain of command responds, there is usually a government agency you can file a complaint with.

If you believe your employer is violating labour laws, the state labour agency is the place to go to report a bad boss. If you see another employee being mistreated, the better approach is to talk to that employee and suggest they make a complaint to the appropriate state or federal agency.

Many companies have hotlines that employees can call to report illegal or offensive executive behaviour. If none of these options are available, the employee may need to blow the whistle to the police or a regulatory agency.

Before you blow the whistle, make sure you have the facts. Variables include what possible illegal or unethical conduct may be involved, what laws are possibly being violated, how many employees the company has (since some statutes only apply to businesses with more than a certain number of employees), and in which state the employee is employed.

Remember, retaliation against whistleblowers is a serious problem, and Congress has responded with 18 federal laws to protect employees who report misconduct. Whistleblowers are protected when reporting violations of federal law, including:

• Environmental violations
• Financial misconduct
• Potential food or drug hazards
• An employer's failure to pay wages
• Workplace health and safety violations

Be aware of retaliation

Retaliation occurs when an employer takes adverse action against an employee for engaging in a protected activity. An adverse action is one that would discourage a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity. Adverse actions can include anything from firing or laying off an employee, to denying them overtime or a promotion, reducing their pay or hours, or even more subtle actions such as excluding them from important meetings.

Whistleblower Protections

In the U.S., the Department of Labor is responsible for protecting your rights as a whistleblower. Five agencies enforce whistleblower and anti-retaliation laws: the Occupational Safety and Health Administration (OSHA), the Mine Safety and Health Administration (MSHA), the Office of Federal Contract Compliance Programs (OFCCP), the Wage and Hour Division (WHD), and the Veterans' Employment and Training Service (VETS). These agencies protect you from retaliation for reporting issues related to:

• Consumer product and food safety
• Environmental protection
• Family and medical leave
• Fraud and financial issues
• Lie detector testing
• Military status and obligations
• Transportation services
• Employee safety and health insurance
• Minimum wage, overtime pay, record-keeping, and child labor requirements
• Discrimination complaints and equal employment opportunity laws
• Your current or former military status

What to Do if You Experience Retaliation

If you experience retaliation for whistleblowing, you can file a complaint with OSHA, or with the relevant agency listed above. You can also talk to a lawyer or your state's labor department. Additionally, if you are a temporary worker, both the staffing agency and the host employer may be held legally responsible for retaliating against you.

Frequently asked questions