In one case, Cornish’s client, a trucking company, sent a delivery man to a neighborhood early in the morning to make a drop off, but the community restricted morning deliveries. The truck driver ended up with a ticket. While the trucking firm took care of the situation for its employee, she says, the driver in this case would have ended up holding the bag if his employer hadn’t stepped in. If you refuse to do something illegal, and you’re fired or demoted because you report it to HR or law enforcement, you’ll likely be protected under whistle blower laws. But claiming after the fact, when the authorities start rounding up the parties involved, that you were told to do it but didn’t want to probably won’t hold up in court. “An employee can’t disagree in silence with the practice,” says Jon Meer, chair of the Employment and Labor Group for DLA Piper US in Los Angeles. Bottom line, says Barbara Repa, author of “Your Rights in the Workplace,” “no one gets to break the law, and you don’t get to hide behind the skirts of employers.”
When you’re being asked to do something that just doesn’t feel right, Repa suggests you talk to your supervisor about it. If, however, you believe your job could be at risk by talking to your boss, go above his or her head and find someone you trust who has integrity, or go to your human resources department. You can also go to local authorities, and under whistleblower laws have your identity remain anonymous. Depending on what the illegal activity is, there are a variety of government agencies you can go to, Repa says. If it involves a work safety issue you should contact OSHA. If it’s an issue of discrimination you can contact the EEOC. If it’s something that could put someone in harm’s way, or involves fraud, local police, or the FBI or the SEC might be the best avenue.
Barbara, the underwriter from Colorado, went to her HR department and the company launched an investigation. The manager that asked her to sign off on bad loans was subsequently fired, and new policies were implemented to prevent similar situations. Looking back, she says, she would have reported the problem earlier. “We are so overwhelmed trying to meet our own financial requirements for our kids our families, that we tend to go along with employers,” she says. “You have a right to say ‘no.’ I should have pushed back right away.”
