Q: I currently work a sales job for an employer who uses unethical illegal tactics to close sales
My employer uses unethical practices to close sales and I am threatened to get sent home if I don’t do these practices along side with them. Unethical practices include: using fake socials to create accounts, adding things to accounts without customer’s consent and more. I am scolded for not having high sales numbers compared to my colleague’s but because of my moral values I’d rather not do these practices to gain a sale. What should I do? The company knows of these practices and are even encouraged by upper management.
You should find another job to start.
If you stay, refuse to act as the employer wishes, and the request is unlawful or fraudulent, when you are fired for that refusal you may have a claim for wrongful termination. However litigation is always risky, and it would not be prudent to try to make a lawsuit. Your best move is just to get out of there and find a more honorable employer.
Good luck to you.
You have potential whistleblower protection from retaliation, if you report the illegal activities to management, such as adding items to a customer's transaction without their knowledge or consent.
You should speak with an employment lawyer about documenting your concerns in writing as well as how to best protect yourself financially, if your employer does retaliate against you. Most employment lawyers provide free consultations.
In California, it is illegal for employers to require or encourage their employees to engage in illegal activities or unethical practices. These practices may violate California labor laws and consumer protection laws, and employees who engage in them may be subject to civil or criminal liability.
If you are uncomfortable with your employer's practices and do not want to engage in them, you have several options. You may want to consider speaking with a California employment lawyer or reporting the practices to the relevant regulatory agencies, such as the California Department of Labor Standards Enforcement or the Consumer Protection Division of the California Attorney General's Office. You may also want to consider seeking employment elsewhere, as your employer may retaliate against you for refusing to engage in these practices.
It's important to remember that you have legal rights as an employee, and your employer cannot require you to engage in illegal activities or unethical practices. If you feel that your employer is violating your rights or engaging in illegal activities, you may want to seek legal advice to determine your options and protect your interests.
I agree with my colleagues' responses. I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.
You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.
Maya L. Serkova
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.