I got a warning after reporting illegal activity at work - what should I do? 11-06-2007

I have been assigned as timekeeper for a small state government agency for about two years. First of all, I am the Computer Network Specialist (IT person) for the entire agency, doing timesheets, which is a clerical duty. Since performing the duties of timekeeper, I have had reason to suspect several employees falsifying time on their timesheets, which are official state documents. I brought this to the attention of my supervisor, who later presented me with a 'counseling memo', directing me 'not to monitor the employee's timesheets' and to 'only review them for mathematical or coding errors.' I was also told that it is not my job to 'watch' employees or what they enter on their timesheets. My question is, is it legal for an employer to allow employees to steal time from the state?

Rita Risser replies:

The documents you have - inaccurate time sheets and the warning from your boss - are evidence of violation of state law and a cover up. You should immediately take action. I cannot tell you what to do as that is legal advice. You have several options. You could go to an outside lawyer who can help you sort through your options. You probably do not have a whistle-blowing case yet but you must take action, otherwise you could be considered a part of the conspiracy, and they could try to fire you. If it was me, I would get a lawyer and then have her or him write a letter for me, from me, and I would bypass the chain of command and immediately inform the top non-elected official of the state. I would send it by email and registered letter. However, it is risky. You hope he or she sees you as a hero, but it may be just as likely they'll be ticked off and try to get you fired.

That's why it is probably best to have a lawyer working with you. But get a good one, someone who really knows state administrative procedures. You might want to find someone who is more of a mediator or negotiator than a litigator. Someone who can put together a deal that will be a win-win-win for everyone involved. The state should not fight but you never know - in my practice, I found time-keeping violations were just the tip of the iceberg. You also might consider your own future and whether you want to be working there if things get bad. The best protection from a bad employer is another job with a good employer. They are out there!

Good luck!

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