Can an Employee Be Forced Into Breaking a Law at Work?

It’s deeply ingrained in many California workers to follow directions when an employer issues them. We want to do our best work, please the boss, and avoid negative repercussions or being fired. But what if an employer asks a worker to do something illegal on the job? Some employers in California may take advantage of their position of authority and ask a subordinate worker to complete a task that isn’t legal. Can an employer compel their employee to break the law?

Whistleblower Protections for Employees

An employee may feel that they don’t have the option to say no when someone in a position of authority at work asks them to perform a task that breaks the law, but California Labor Code 1102.5 protects workers who report their employer for directing them to do something unlawful. The law states the following:

An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties.”

An employee does not have to commit a crime when an employer asks them to do so. Instead, they should report the request to the proper law enforcement agency or government authorities, depending on the nature of the illegal action. Under California Labor Code 1102.5, the employer may not retaliate against their employee. This is part of the Whistleblower Protection Act. Note that if you’ve been fired due to whistleblowing retaliation, contact our whistleblower and retaliation lawyer in San Diego to protect your rights.

What Can I Do If My Employer Asks Me to Break a Law?

California offers protections for workers who refuse to perform an illegal task at work, for example, falsifying a document, placing inspection stickers on a product that doesn’t pass inspection, illegally dumping hazardous waste, or working off the clock. If an employer asks you to do something illegal, do the following:

• First, ask your employer to clarify, by saying something like, “Is this the proper procedure?” or “Does this violate federal tax law?”
• If your employer still requests for you to complete the task, file a complaint with your company’s HR department
• Report the offense to the California Labor Commissioner’s Office or the Labor Enforcement Task Force (LETF)
• Hire a California employment lawyer to provide legal counsel
• Report the request to the appropriate law enforcement agency

After you’ve reported the request, you may return to work under the state’s anti-retaliation laws. If your employer fires you or creates an inhospitable work environment in retaliation, you may file a lawsuit against them for wrongful termination. Contact our wrongful termination attorney in San Diego from Browne Employment Lawyers to learn more.