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What should an employee do if the employer asks to do something and employee thinks it is illegal to do so? Just do it or discuss with boss?

guest
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  • Nice username! Please include your country. – guest Apr 09 '20 at 18:40
  • In my country, it depends on what the boss orders. There are some things which you would have to do anyway (but the boss is responsible and you should make a complaint afterwards). I think working longer than allowed is in this category. For severe deeds, you don't have to do them. What is your country? Habe xou checked the law? – guest Apr 09 '20 at 18:42
  • Judging by the tone of the answers, it seems this forum understands that rhe illegal action is at least murder. Can you clarify what degree of illegality you mean? – guest Apr 09 '20 at 18:49
  • I think the other question is really different. It has some more specific crime and a more specific industy where it is probably easier to find a New job than in a general industry. – guest Apr 10 '20 at 07:27
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    This is really not a dupe. The other question is quite specific, as is the answers for that question. – Gregory Currie Apr 10 '20 at 14:57

3 Answers3

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What should an employee do if the employer asks to do something and employee thinks it is illegal to do so?

First, make sure you understand what you are actually being asked to do. Talking with your boss to clarify would make sense.

But if you are certain that you are being asked to do something illegal, then you should find a new job and quit this one.

Clearly, you wouldn't want to work for that kind of employer.

Joe Strazzere
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    Amazing advice, given that various parts of the world are heading into a recession. Not going to bother discussing with the boss at all, confirming the legal understanding is correct, instead just quit? – Gregory Currie Apr 10 '20 at 05:02
  • Hm. In general? For every industry? No matter what exactly the illegal thing is? – guest Apr 10 '20 at 07:28
  • At the very least, you could have said that he may confirm he understands correctly what the boss is asking. No speculation required. Could just be a simple misunderstanding. – Gregory Currie Apr 10 '20 at 14:43
  • I don't think it's easy as that. I know a single mother working in a big supermarket chain -- she was asked to report her working times differently (but not to her disadvantage). This is illegal, but for a person without much education and job possibilities hardly a matter to quit the job. Nevertheless, the worker's union recommends in this cases to consult them. I don't see why one shouldn't also ask in the Internet. – guest Apr 10 '20 at 22:45
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First: DO NOT PROCEED WITH THE ACTION UNTIL AND UNLESS YOU ARE ABSOLUTELY SATISFIED THAT IT IS LEGAL.

"I was just following orders" didn't work at Nuremberg and it won't work for you.

Discuss it with your boss, IMMEDIATELY.

If you are not immediately satisfied that it is definitely legal, go up the chain of command, IMMEDIATELY. If the next person up in the chain of command is not IMMEDIATELY available, leave a message for him/her about it. Include in the message "I don't think this can wait, so I've gone to to discuss it."

If you do not get IMMEDIATE satisfaction that it is definitely legal, after going up two or three layers of the chain of command, involve HR. A big part of HR's remit is to help keep the company out of legal trouble. Another part of their job is to go to bat for you when a bigger stick than you can swing is needed, and this would be one of those times.

You may want Corporate Counsel involved as well. If you have to go to HR, suggest it to them. They will almost certainly call Corporate Counsel into the matter.

Assuming that the company is on the level, NOBODY is going to have a problem with you doing any of this. You are trying to keep yourself AND the company out of potentially severe legal trouble.

John R. Strohm
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  • Your answer seems to severe. The first thing I was thinking about is working on weekends occacionally which happens also often in this forum. In my country, this is illegal in most circumstances. But it has nothing to do with the severity of the crimes in Nuremberg. – guest Apr 09 '20 at 18:43
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    It is very possible that a defense that didn't work for a genocide, may actually work in other situations. – Gregory Currie Apr 10 '20 at 05:04
  • @GregoryCurrie: Yes! For what it's worth, there are jobs where you have to follow orders! Say, you are police officer. You will not get away with "I was following orders to kill somebody", but peobably with "I was following orders to drive faster than allowed". No Nurenberg involves here. – guest Apr 10 '20 at 06:24
  • @guest: If you are a police officer and ARE following orders to kill someone in certain situations you will not only "get away with it", but you may get a commendation - imagine being a sharpshooter sent to a hostage situation and the police chief tells you to shoot the hostage taker before they kill their hostage(s). OTOH, killing the chief's spouse because the chief told you to after catching the spouse committing adultery will get you brought up on murder charges. – GreenMatt Apr 10 '20 at 19:57
  • @GreenMatt: Yes, of course. But that is not my point. – guest Apr 10 '20 at 20:34
  • @guest: Then please be clearer. Your example was overly broad, as I demonstrated already. – GreenMatt Apr 10 '20 at 21:00
  • @GreenMatt: Okay, my example again: Your boss says: "it's an emergency, you have to drive faster than the speed limit". This is illegal, but the advice in the answer seems overkill here. In my country, in this situation, the boss would be responsible for damage caused (but you are required to make a complaint afterwards by law). – guest Apr 10 '20 at 22:36
  • And there is no reason why "I was just following orders" would definely not work for the OP as the poster of this answer says. In certain professions, you have to follow orders (like a police person) and this is - for particular deeds - indeed a defense. Of course, not for "killing the boss's spouse". – guest Apr 10 '20 at 22:40
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With the IANAL caveat ...

You don't say where you are, and there may be differences in other localities, but the following is from the perspective of someone in the United States. Also, I'm assuming there is adequate time for discussion (and hopefully research). If this is an urgent situation, you will have to use your best judgement in the situation.

You certainly shouldn't "Just do it", as that would make you a criminal if the action is indeed a crime. "The boss told me to do it" isn't a legal defense that will stand up in court. Making it worse, if there's no paper trail then the boss will have plausible deniability, so if the police come knocking on your door you may be facing charges all by yourself.

Talking to an attorney may be expensive and not the best first step. (An attorney who is part of an Employee Assistance Program isn't likely to talk to you about a dispute with your employer either - I know from experience.) If you have time, you might research to determine the il/legality of the action first. If you find for certain that it's legal, there is no need for further discussion, you just proceed with the boss' directive. Otherwise - and including if the legality of the matter seems unclear to you - I would recommend talking with the boss about it. Perhaps they will convince you that the action is legal. Perhaps you will convince them that the action is illegal. If either of those happens, hopefully you will be allowed to proceed as the law allows.

If your discussion with the boss fails to resolve the legality of the directive, then you probably need to involve a lawyer. Hopefully your employer already has an attorney they can bring in (at their expense) who will accuratley advise both of you on the legal situation. If the employer refuses, you probably ought to engage your own lawyer and follow their advice. (And maybe update your resume.)

If you and your boss agree the directive is illegal, but they want you to proceed anyway, the best thing to do from a legal point of view is to refuse. At that point, you may find yourself unemployed. However, that's better than going to jail. Also, you may have legal recourse of your own, so consult with a lawyer then. Under such circumstances, a consultation would likely be free, with the understanding that any law suit would be taken on a contingency basis (i.e. the lawyer would take a percentage of any financial award you received).

GreenMatt
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