I Think My Boss Is Asking Me To Do Something Illegal. What Counts As Illegal Activity?
Illegal workplace requests come in many forms. At Eric Siegel Law, we’ve seen employees pressured into falsifying financial records, lying to government regulators, hiding safety violations, destroying documents under subpoena, or participating in fraud schemes.
Some examples include being told to backdate contracts, alter timesheets to avoid paying overtime, lie to auditors about company finances, submit false insurance claims, or cover up workplace injuries. Your employer might ask you to violate environmental regulations, discriminate against job applicants, or manipulate product testing results.
If what you’re being asked to do would violate federal law, state law, or regulations enforced by government agencies, it’s illegal. Trust your instincts. If something feels wrong, it probably is.
Should I Refuse To Do What My Employer Asks?
Yes. You have the right to refuse to participate in illegal activities, even if your boss directly orders you to do it. Maryland law and federal statutes protect employees who refuse to break the law.
Refusing might feel terrifying, especially if you need your job. But participating in illegal activities puts you at personal legal risk. You could face criminal charges, professional license revocation, or civil liability for following illegal orders.
When you refuse, be clear but professional. You don’t need to give a lengthy explanation. Something like “I’m not comfortable with that approach” or “I don’t think that complies with our legal obligations” works fine. Document the conversation immediately afterward.
What Are Whistleblower Protections, And Do They Apply To Me?
Whistleblower protections shield employees who report illegal activities from retaliation. Multiple federal and Maryland laws protect whistleblowers depending on the type of violation you’re reporting.
The Occupational Safety and Health Act protects employees who report safety violations. The False Claims Act covers fraud against the government. Sarbanes-Oxley protects employees of publicly traded companies who report financial fraud. Dodd-Frank covers securities violations. Environmental whistleblower laws protect those reporting pollution or regulatory violations.
Maryland’s common law also recognizes wrongful termination claims when employees are fired for refusing to participate in illegal activities or for reporting violations. A Silver Spring employment litigation lawyer can help you identify which protections apply to your specific situation.
How Should I Document What’s Happening?
Documentation becomes your strongest evidence if you face retaliation or need to prove wrongdoing. Start immediately.
Keep detailed notes of conversations where you’re asked to do something illegal. Include dates, times, who was present, exactly what was said, and your response. Save emails, text messages, and any written instructions. If you receive verbal orders, send a follow-up email summarizing what you understood to create a paper trail.
Don’t use company email or devices for your personal documentation. Forward relevant emails to your personal account or take photos with your phone. Store copies of documents off-site. Keep a timeline of events as they unfold.
If there are witnesses to these requests, note who they are. They might be willing to corroborate your account later.
Can My Employer Fire Me For Refusing To Break The Law?
No. Maryland law prohibits termination for refusing to participate in illegal activities. This is considered wrongful termination even though Maryland is generally an at-will employment state.
If you’re fired, demoted, have your pay cut, or face other negative employment actions after refusing illegal requests, you likely have a retaliation claim. The same protections apply if you report the illegal activity to authorities or to management.
However, your employer might try to disguise retaliation as something else. They might suddenly claim your performance is inadequate, manufacture disciplinary issues, or restructure your position out of existence. Timing matters significantly in these cases. If adverse action happens shortly after you refuse or report illegal conduct, that strengthens your retaliation claim.
Should I Report The Illegal Activity To Anyone?
You have several reporting options depending on the situation. You might report internally first through your company’s compliance department, HR, or a hotline if one exists. Some companies take these reports seriously and investigate properly.
You can also report externally to government agencies. OSHA handles safety violations. The SEC investigates securities fraud. The IRS has a whistleblower program for tax fraud. State agencies regulate specific industries and can investigate violations in their areas.
In some cases, you might need to consult with an attorney before deciding whether to report and where to report. Some whistleblower statutes have specific procedural requirements and tight deadlines.
What Compensation Can I Recover If I Face Retaliation?
If your employer retaliates against you for refusing illegal requests or reporting wrongdoing, you may recover:
- Back pay for lost wages from termination or demotion
- Front pay if you can’t return to your job
- Reinstatement to your former position
- Emotional distress damages
- Punitive damages in cases of particularly egregious conduct
- Attorney’s fees and costs
Some whistleblower statutes also provide for double or triple damages. The specific remedies available depend on which laws apply to your case and the facts of what happened.
What Should I Do Next?
Being pressured to participate in illegal activities puts you in an incredibly difficult position. You’re worried about your job, your family’s financial security, and doing the right thing.
Document everything that’s happened so far. Don’t participate in illegal activities even under pressure. And get informed legal guidance quickly. A Silver Spring employment litigation lawyer can review your situation, explain which whistleblower protections apply, advise you on reporting options, and help protect your rights if you face retaliation for refusing to break the law.