Bdtyktl

My direct supervisor has repeatedly performed actions that go against conduct of the company and of the state laws. I brought this to the attention of his boss in hopes of covering for myself when and if he eventually gets caught.

My direct supervisor's boss proceeded to tell my direct supervisor, and by extension the rest of the department, everything I had said.

I am being greeted with nothing but negativity and am being treated unfairly (have more tasks assigned to me that I can handle, negative repercussions for not completing these large requests, etc.)

What, if anything, am I able to do in this situation? I'd rather not leave because I have nothing to fall back on at the moment. I have tried contacting HR, but I need to have an appointment set up through the boss because the HR department does not have a location in our building. They only respond by appointment.

I live in the United States. More specifically the commonwealth of Pennsylvania.

You've witnessed something illegal. By law, you are most likely required to report it to a federal agency, not your supervisor's boss. In other words, having told the boss, you haven't actually done anything to protect yourself legally. In fact, you may be considered complicit.

The simplest solution is to forget about getting along with these folks, and find a new job.

However, you could also contact a lawyer, outline the situation, and probably take them to court. There's two reasons for this:

1. The discrimination you're facing is likely illegal in pretty much any western country you care to name. Some companies end up having to pay out a lot of money for that sort of behavior.




2. You have no idea how your supervisor - or his boss - may react to the fact that you have knowledge of their illegal operations. It may sound a little paranoid, but they could conceivably try to pin some sort of blame on you. Speaking to a lawyer about your liability in this situation should be the bare minimum you do whether you take them to court or not.

If you do decide to speak to a lawyer (which I strongly recommend), then don't give your employers any hint of it, and don't quit before you do. You may be advised by the lawyer to gather evidence in your defense, etc.

Something to think about: do you have any reason to believe the boss isn't also doing illegal things?

That's the reason that these answers are not paranoid, and you really really need to talk to a lawyer, or at the very least, an actual whistleblower organization. Because if the boss was "in on it" and doing illegal things alongside your supervisor, you've put yourself in a downright terrible position. Because both of them:

• Know you're willing to be a whistleblower


• Know you're trying to whistleblow on crimes they'd be punished for
  


• Are willing to do shady/illegal things

... you can bet quite a bit of money that, unless you take some urgent action, that this isn't going to go well. "Framed" sounds so melodramatic, but you can certainly bet that, even if you leave, they'll be floating things like, "Yeah, Tyler Weaver? Left a few months back. Terrible employee... and we suspect that he may have been XYZ'ing. Couldn't prove it, but let's just say we're glad he left." Worst case, they simply call the cops and accuse you of XYZ, and provide "evidence" of your crime.

Seriously, at least give a call to the Department of Labor or send them an email.

Get out ASAP, you are marked. Get out and get out now. Document everything they do, everything you do, and see a lawyer as soon as possible. They are aware that their illegal activities have been spotted, and you are a convenient scapegoat. Get all of your evidence to that lawyer, and do as he advises. Failing to do so could possibly make you an accessory after the fact to any illegal activities.

IANAL, which is why I am advising you to see one ASAP

In the future, GO TO A LAWYER FIRST, ALWAYS if you see any illegal activity.

You need to protect yourself.

Given that you are in Pennsylvania, this situation may be covered by the Pennsylvania Whistleblowers Act, which says in part:

“No employer may discharge, threaten or otherwise discriminate or retaliate against an employee regarding the employee’s compensation, terms, conditions, location or privileges of employment because the employee or a person acting on behalf of the employee makes a good faith report or is about to report, verbally or in writing, to the employer or appropriate authority an instance of wrongdoing or waste.” 43 P.S. §1423(a).

Numerous Federal laws also contain whistleblower protection clauses, normally related to the specific focus of the law. (For example, the Clean Air Act includes protection for whistleblowers who report violations of that act, but these protections do not extend to other reported violations.)

Many companies also have clauses in their employment handbooks and policies regarding treatment or protection for whistleblowers, as well as investigation of reported issues. For example, my company maintains a Code of Conduct and Ethics that includes clear protection for whistleblowers. Contacting my manager, the HR department, Compliance/Legal, or anonymously calling the Compliance line are all valid avenues to report an issue. This policy also clearly states that the issue will be investigated in confidence (not spread around to other, uninvolved employees) and with zero tolerance for retaliation.

A lawyer familiar with Pennsylvania employment law would be a great help to you, particularly to determine whether this constitutes a violation of Pennsylvania or federal law. However, also check your employment documents to see if they have similar protections, possibly with a compliance department or anonymous reporting line.

Firstly, the accepted answer is wrong about whistleblowing.

Spotting illegal things and reporting it within the company is more than reasonable as it allows the company to attempt to resolve the situation before courts get involved. Most companies would prefer you whistle blow rather than report directly to police as it gives them a chance to do something about it.

Whistleblowing is protected by law. It is illegal for them to treat you unfairly because of this action.

Your actions up to this point have been within your rights and MOST companies would not complain about your actions so far. If the company believed that your call was wrong and that the actions were legal, then the correct thing to do would be to just let the issue be and ignore you.

You are now in the position though, that your job is at risk, and the law isn't something that these people care about. The first thing to do is to discuss with a lawyer or citizens advice bureau what your next step will be. Collect evidence NOW of any unfair treatment that happens to you because of this event.