Some industries have a reputation for being hotbeds of corruption and bad behavior. You have probably heard stories about the illicit drug use that goes on in the kitchens of restaurants at every price point. News headlines tell of physicians and the owners of medical device companies enriching themselves through fraudulent insurance claims. Used car dealerships have practically become a byword for dishonesty. Tech companies and big retailers have a reputation for overworking their employees and punishing them for complaining, and we have all heard about the delivery drivers who are lucky to get one bathroom break in an all-day shift.
The first few times you hear about illegal or marginally legal activities going on at a workplace that has a reputation for being above board, you are surprised. The more times passes, the more obvious it becomes that no one is innocent.
Companies often get away with ethical violations and with the misconduct of their leaders, but when they face consequences, it happens as a result of an ethics investigation. Our Huntsville ethics investigation lawyers can help you if there is an ethics investigation taking place at your place of employment, or if there should be.
What Kinds of Ethical Violations Can Happen in the Workplace?
If your conscience is telling you that something happening at your workplace is an ethical violation, it probably is. Federal and state employment laws aim to prevent decision-makers at businesses from behaving unethically, but some people are skilled at bending the rules.
These are some common types of ethical violations that can happen in the workplace, whether or not they violate the letter of the law:
- Unsafe working conditions, such as poorly maintained buildings or not providing workers with proper safety equipment or training
- Not paying workers fairly, whether by paying them less than the minimum wage or misclassifying them as independent contractors when they should be employees
- Financial misconduct, such as embezzlement, falsifying records, tax evasion, or the payment and acceptance of bribes
- Intimidation or harassment to prevent workers from speaking out about ethical violations in the workplace
- Unfair business practices such as fraud and false advertisement that cause financial harm to consumers
- Endangering the safety of consumers and of the public by selling unsafe products or failing to report environmental hazards caused by the business
- Mistreatment of beneficiaries of the services provided at the workplace, such as abuse or neglect of students at a school or residents of a nursing home
If you are not sure whether the sloppiness or unpleasantness at your workplace constitutes misconduct that would warrant an ethics investigation, the Huntsville ethics investigation lawyers at HKM Employment Attorneys, LLP, can help you figure out the next steps to take.
Do Employees Have the Right to Initiate Workplace Ethics Investigation?
Speaking out against ethics violations at your place of employment is a legally protected activity. This means that if you report misconduct at your workplace to the relevant authorities, it is against the law for your employer to retaliate against you. Retaliation for a whistleblower action occurs if, after you report the ethical violation to regulators or the criminal activity to law enforcement, your employer takes an adverse action against you because of it. The following are examples of adverse actions:
- Subjecting your work to more supervision and scrutiny than before
- Reducing your hours or rate of pay
- Changing your schedule, work location, or job duties against your wishes
- Harassment or intimidation
- Placing you on probation where, if you do not meet strict requirements, you will lose your job
- Termination of employment
- Providing you a negative reference when you apply for a new job
- Denying you a promotion or raise for which you are eligible
Your Rights When Your Workplace Is Under Investigation
Just as it is a protected activity to report misconduct at your workplace to the authorities, it is also a protected activity to comply with an investigation that you did not initiate. The investigation might have been the result of a routine inspection of your workplace or an audit by the IRS because of suspicious looking information on your company’s tax returns. The investigation might even have started because another employee within your organization reported the ethics violation to the authorities.
Regardless of why the investigation started, you can and should participate. This is not an especially pleasant experience because it could mean talking about your own role in the misconduct or snitching on coworkers with whom you have a collegial relationship or who are vulnerable to suffering negative consequences, such as loss of their jobs if you tell the truth. You have the right to consult an employment lawyer throughout the ethics investigation and even to have your lawyer represent you in your interactions with the investigators.
Can Workplace Ethics Investigations Lead to Criminal Charges?
Most investigations into complaints about workplace misconduct are not criminal investigations. The purpose of the investigation is to determine whether the work environment is safe for workers or customers or whether an employee who complained about discrimination has grounds for a lawsuit.
Even though workplace ethics investigations are not criminal investigations themselves, their findings can become evidence in criminal cases. Especially in cases involving financial crimes or the abuse of vulnerable people that an organization claims to help, criminal charges against one or more of the people involved in the misconduct can result. Even if you suffer disciplinary action at work or your workplace faces civil penalties, it does not always mean that you will be charged with a crime, and if you do face criminal charges, it does not always mean that you will be convicted. If you must give a deposition in the context of a workplace ethics investigation, it is a crime to lie; therefore, if you reasonably believe that answering a question truthfully will expose you to criminal charges, you should plead the Fifth Amendment.
Ethics Investigations Attorney Near You in Huntsville, AL
The employment lawyers at HKM Employment Attorneys, LLP, can give you advice about ethics investigations at your workplace. Contact our attorneys about ethics investigations in Huntsville, Alabama, today.
