I believe my employer is committing illegal activities. What can I do to avoid retaliation?

In the workplace, more and more employees are faced with the disturbing situation of suspecting that their employer is engaging in illegal practices or practices that violate their rights. Whether it is labor law violations, discriminatory practices, failure to comply with safety standards or fraudulent activities, it is essential that workers know their rights and how to protect themselves from potential retaliation. This article is intended to guide you on the steps you can take if you suspect your employer is engaging in illegal activities and how to protect yourself from facing negative consequences for reporting these practices.

1. Know your rights under the law

The first thing you should do is familiarize yourself with the labor laws that protect you as a worker. In California, employee rights are supported by a series of federal and state regulations that prohibit discrimination, harassment, retaliation, and wrongful termination for reporting illegal activities.

Among the most relevant laws are:

• The Whistleblower Protection Act: Protects employees who report illegal activities within the company.
• Fair Labor Standards Act (FLSA): Establishes standards regarding wages, hours of work, and other working conditions.
• The Occupational Safety and Health Act (OSHA): Protects employees who report violations related to workplace safety and health.
• California Fair Employment and Housing Act (FEHA): Prevents employment discrimination based on race, gender, sexual orientation, disability, etc.

Knowing your rights is the first step in identifying possible violations and protecting yourself against possible retaliation.

2. Document everything

Documentation is key when it comes to any type of report or suspicion of illegal activity in the workplace. Keep a detailed record of all events, conversations, emails, messages or any type of communication related to the illegal activities you suspect. This type of evidence can be critical if you decide to take it a step further and file a formal complaint.

Additionally, it is recommended that you save any documents that support your accusations, such as copies of reports, contracts, payment records, job security records, among others.

3. Consider speaking with an attorney specialized in employment rights

Before taking any drastic measures, it is recommended that you seek legal advice from a lawyer specialized in employment rights. A lawyer with experience in the area can offer you the necessary guidance to evaluate the seriousness of the situation and design an appropriate plan of action.

In the context of California, where employment laws are particularly protective of employees, an attorney can help you understand the best way to address the complaint without jeopardizing your employment or well-being.

4. Use internal channels to file a complaint

If you believe there is an opportunity to resolve the situation within the company, many organizations have internal channels through which employees can file complaints without fear of retaliation. This may include complaint forms or a compliance or human resources officer to handle these types of situations.

However, if you decide to take this path, it is crucial that you keep the following aspects in mind:

• Keep the complaint confidential.

• Document all interactions with those responsible for receiving the report.
• Evaluate whether the company has a history of effectively handling these types of complaints.

5. Protection from retaliation: How do I make sure I am protected?

In California, employees are protected by laws that prohibit retaliation or termination for reporting illegal activities or violations of labor rights. However, retaliation remains a concern for many workers. Here are some measures to protect yourself:

• Make your complaint formally: Be sure to file your complaint officially, whether through a government agency, a union, or with the help of your attorney.
• Preserve confidentiality: Although you may have the right to make a report, it is important to avoid disclosing sensitive information before official action is taken.
• Receive outside support: In some cases, having the support of a labor rights organization or a specialized lawyer can help deter your employer from retaliating.
• Review your company policies: Make sure you know the procedures established by the company for making internal complaints and the rights of employees in case of retaliation.

6. External resources: Complaint to the labor authorities

If you do not consider it safe to make a report within your workplace, there are several government agencies that receive and process complaints related to illegal activities or violations of labor rights. In California, some of these agencies include:

• The US Department of Labor (DOL)
• The Equal Employment Opportunity Commission (EEOC)
• California Division of Labor Standards Enforcement (DLSE)

These institutions are required to investigate complaints and, in many cases, offer protection to prevent the complainant from suffering retaliation for making the report.

If you decide to make a report, there is always the possibility of doing so formally and safely. Remember that laws in California are designed to protect employees from retaliation and ensure that employers respect the rights of their workers. If you have questions or need additional guidance, do not hesitate to contact a specialized lawyer who will advise you every step of the way.

Do you have any questions or need guidance about your employment situation? Contact us today. We are here to help you protect your labor rights.

(This article is for informational purposes and is not a substitute for personalized legal advice. If you find yourself in a situation involving illegal activities on the part of your employer, we recommend that you consult with an attorney specializing in employment rights.)