I was penalized for refusing to do something unethical - what are my rights? 12-12-02
My boss wanted me to put calibration labels on test equipment we don't calibrate. When I refused and told him that was unethical, he retaliated by giving me a poor performance review and no raise.
Putting calibration labels on items we don't calibrate is a cardinal sin in our business. It's called "hot stamping," "lickem and stickem," "pencil whipping," etc.
Do I have any legal recourse?
Ann Kiernan replies:
Sad to say, but the law in your state, Texas, protects employees from wrongful treatment only if they refuse to commit an illegal act, not merely an unethical one. Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733, 735 (Tex. 1985). The question is whether what you were asked to do is illegal. If it is, you may have a claim. In any event, you should contact a local lawyer for a definitive answer.
Have you considered going to the President or the Board of Directors with your concerns? In this post-Enron age, board members should be especially attentive to ethical concerns. The company could be fined, sued, or shut down if it is violating the law, so it is in the Board's best interest to stop this activity.
Good luck.
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