What happens when your boss asks you to falsify records, hide information, submit a misleading claim, or take some other action you believe is illegal? Refusing can put you in an uncomfortable position, especially if you are worried about losing your job. In Virginia, however, employees may have legal protections when they refuse an employer’s order to violate federal or state law.
James H. Shoemaker, Jr., Attorney at Law, represents employees and whistleblowers in complex employment and fraud-related matters. Jamie Shoemaker has practiced with Patten, Wornom, Hatten & Diamonstein since 1993 and has served as lead or co-lead counsel in major False Claims Act and employment cases throughout his career.
Virginia Law Protects Certain Employees Who Refuse Illegal Conduct
Virginia law prohibits an employer from firing, disciplining, threatening, discriminating against, or retaliating against an employee in any way for certain protected conduct. This includes refusing to engage in a criminal act that could expose the employee to criminal liability. It also includes refusing an employer’s order to take an action that violates federal or state law or regulation, provided the employee tells the employer that this is why they are refusing.
That protection can be especially important when an employee is asked to participate in suspected fraud. Depending on the situation, examples might include being told to alter invoices, falsify financial records, submit inaccurate information to the government, conceal improper billing, or certify information the employee knows is false.
Reporting Fraud May Offer Additional Protection
Employees may also be protected when they make a good-faith report of a violation of federal or state law to a supervisor, government agency, or law enforcement official. Virginia law additionally protects certain employees who provide information or testimony during government investigations.
Federal whistleblower laws may provide other protections depending on the type of fraud involved. For example, the IRS directs employees who experience retaliation related to certain fraud or financial whistleblower activity to federal whistleblower protection resources.
The specific law that applies depends on what happened, what conduct the employee refused, how the employee communicated the refusal, and what the employer did afterward.
Protect Your Employment Rights in Newport News, VA
If you were fired, demoted, threatened, or otherwise penalized after refusing to participate in suspected fraud, an attorney can help determine whether the retaliation violated state or federal law. James H. Shoemaker, Jr., Attorney at Law, has extensive experience handling complex employment and whistleblower matters. Call 757-223-4580 to schedule a consultation and discuss your rights with an employment attorney in Newport News, VA.