As an employee, nothing can be as confusing as discovering that your employer is secretly committing an unlawful act. Whether it’s something as mild as depriving overtime or a bit serious like sexual harassment, it can be horrifying. It can be a traumatic experience, especially when you know that reporting him to the authorities will inherently make you victimized and perhaps get fired.
Those who’ve been here before would advise you to quit working at the company and find another job elsewhere. Of course, that’s a much more judicious decision, although it is still your responsibility to inform the authorities about it. These are the steps to follow:
- The most important step is to make sure you’ve got your facts right
You should not be in a huff and report the company to the cops or contact your lawyer. As Brady & Associates explains, you should first establish if indeed what you’ve seen is a crime and you have the facts at hand.
Many employees fail to consider this and end up losing the case and their jobs before paying heavily in damages. They sheepishly assume that the whistleblower law will side with them, even without presenting adequate evidence. As for you, if you are confident that what the employer is doing is illegal, then these are the pointers to note:
- Underline the possible unlawful or unethical activity and the number of times you’ve noted it.
- Count the number of employees the company has because, in some statutes, the number is mandatory.
- Indicate where the company is located and all of its details.
- Let the management know about it
It is not wise to let the cat out of the bag before you notify the company of whatever they are doing wrong. Talk to your supervisor or whoever is ahead of you in the company’s chain of command, explaining why you think whatever is happening is a crime. Your tone should be collaborative and non-adversarial because your concerns will be for the best interests of the company whom you work for.
This approach is more rational as it gives the company a chance to work on the issue independently. If the company takes your allegations seriously, it will probably investigate and act accordingly. However, if it ignores it and goes on committing the crime, then you will be free to report the matter.
- Talk to your lawyer first and then, if it’s realistic, let the authorities know about it
Your attorney should know about the crime before the police do. This will give both of you a chance to see if you’ve got enough evidence to incriminate them and whether jumping directly to a lawsuit would jeopardize your image. It will also allow you to see how whistleblower laws will help you and what to do if the employer turns against you.
Remember, even with the protection from the law, you will still be the plaintiff until the case is concluded. This means such issues as workplace harassment and wrongful termination might befall you.
Yes – the court might eventually rule in your favor and the company pays for it heavily. But you should accelerate the issue knowing too well that not everyone will feel happy about your actions. So, right before you go for the cops, let your lawyer decide which way is the best.
