Disputes about employment can arise for many different reasons. In some cases, there may be a disagreement between a worker and the professional who supervises them. A manager or shift leader might attempt to write up or even terminate an employee for insubordination when they do not follow instructions. However, the worker may insist that they had the right to demur because the request was illegal. Occasionally, disagreements related to such disputes can lead to litigation.
Do employees have to submit to managerial demands that they break the law?
Workers can refuse to violate the law
Perhaps a professional has just accepted a new billing position at a local medical office. If the office manager instructs them to unbundle or upcode patient insurance charges, the professional has every right to refuse.
Workers do not have to follow employer instructions that force them to break the law. So long as they are aware of the law, employees can refuse to violate criminal statutes or even safety regulations that apply to their industry.
If an employer then punishes them for asserting that right, they may have grounds to hold the company accountable for unlawful retaliation. Retaliation could include demoting, writing up or terminating a worker for asserting their basic legal protections. Those who refuse to break the law while at work may also need to fight back against unlawful retaliation afterward.
Workers who know and make use of their rights can protect their careers and avoid implication in criminal schemes. Employers typically cannot demand that workers break the law. Employees may need help asserting themselves in the work-related disputes that arise if they refuse to do so, and that’s okay.
