Ethical Dilemma, required to ignore the law

I am facing quite an ethical dilemma. I was recently informed by my supervisor that I am too "rigid" about employment law. I've even been told that I cause trouble by trying to enforce certain laws, such as employing undocumented aliens. I am fully aware that we employ undocumented aliens - they were all hired before I began working here. Now that their Alien Registration cards have expired, I have requested that these employees submit new cards so that I may "Reverify" them on their I-9 forms. The last 4 cards that have been brought in were grossly fake, and I refused to accept them. My supervisor called me in to her office to let me know that she is overriding my determination because she can't afford to lose these employees for production reasons. One of these employees came right out and admitted to me that the card was fake! Neither my assistant nor myself will sign our names to these I-9s, so my supervisor is taking it upon herself to do so. However, that leaves me in quite a predicament. I thought there was a law out there somewhere that an employer is not allowed to ask an employee to break the law, but I can't find it anywhere. I am not comfortable working for this company since it requires that I "forget" all that I learned in college (this is not the only law they willingfully break, but it is the most prevalent. The other things are IRS regulations regarding taxes.) I also cannot afford to quit my job and haven't been able to find another position in this high unemployment rate economy. I've been looking for over a month. I have contacted the Federal DOL, Arizona DOL and the local INS office in an attempt to find some kind of assistance, but no one seemed to know where to send me. The INS investigator didn't even return my call! Can anyone help me? What are my resources?

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  • [font size="1" color="#FF0000"]LAST EDITED ON 05-01-02 AT 06:38PM (CST)[/font][p]Generally there are two sources that may apply here. One is the legal aspect of retaliation for reporting violations of IRCA. But I don't believe that there is any protection in the law itself that says an employer may not terminate an employee opposing its possible illegal practice WITHIN the company. Of course, no employer is going to ever identify that as the reason for termination. The anti-retaliation provision in the law doesn't specifically identify that mere internal opposition to a practice is protected. It appears to require a more active stance:

    "It is also an unfair immigration-related employment practice for a person or other entity to intimidate, threaten, coerce, or retaliate against any individual for the purpose of interfering with any right or privilege secured under this section or because the individual intends to file or has filed a charge or a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section. An individual so intimidated, threatened, coerced, or retaliated against shall be considered, for purposes of subsections (d) [investigation of charges] and (g) [official administrative rulings on charges] of this section, to have been discriminated against."

    Thus, it appears your protection would arise if and when you actually report them to INS for their intentional violations.

    The second area is whether or not by refusing to sign your name you could commit "insubrdination" and therefore warrant being fired. That consideration falls within the labor relations arena and what arbitrators or courts use as a guide in determining what constitutes "insubordinaton." One of the traditional criteria for a refusal to obey an order is that the order must not require the indiviudal to commit an unlawful act. So, if the other traditional criteria -- clear instructions, issued by individual in chain-of-command, in writing, with consequences (discharge) for non-compliance identified, and not placing emplyee's health or safety in undue jeopardy -- are in place, but the instruction requires the employee to commit an illegal act -- e.g., knowingly accepting a false document -- then the order itself was invalid and the act of insubordination and subsequent discharge would be overturned (hopefully). A court would probably see this as a "termination in violation of public policy" issue.

    I see your difficulty. You certainly don't want to be working for a company that seems to be intentionally violating the law. While you are looking for a new job, about the only thing you can do is to appropriately state your position in writing as to why your company shouldn't be doing what it is doing...but make sure you're right [by the way, the law does have provisions prohibiting the knowing use or acceptance of false doucments]. And mark out your position in proper, non-threatening language; i.e., take the approach that you want to help the company avoid bigger legal problems down the road.

    On other issues, if you're aware of them, and they involve HR, then you should identify to the copany what your concern is and what needs to be done to correct the problem. In fact, on the current problem, make sure you tell them that as well. Once they've made the decision for that situation, I suggest that you then comply with the instruction [and document it] unless it is clearly requiring YOU to commit an illegal act.

    Perhaps one of the HR-Hero attorneys can provide a more definitive position for you.
  • I have found that if you can quantify in dollars the cost of each incorrect I-9 or the willful disregard you can usually get managements attention. Each incorrect I-9 can be fined from $100 to $1000 each and not only can the company be additionally fined, but there is also a provision for imprisonment, and you can't imprison a company. Are you in an industry that the INS targets? Maybe you also want to have a conversation with your supervisors supervisor to discuss this.
  • Yes, as your supervisor told you, YOU ARE A TROUBLEMAKER!. Hold on, Hold on. You are making trouble for an incompetent and inept supervisor and perhaps an employer who knowingly violates several laws. The trouble you are causing is something you have an obligation to do....call to their attention violations of the law and the repurcussions that might follow those violations. If you like, you can go to the trouble of bringing up the website for Mississippi's statewide newspaper, [url]www.clarionledger.com[/url]. Search out a recent article about Tyson foods and their problems with the INS. This is public domain knowledge. The organization had become somewhat notorious for employing illegal aliens in the chicken processing business. At least one management employee (I don't know another way to tell you this) recently committed suicide over the investigation and where it was heading. The company is facing some serious, serious problems. Somebody there perhaps was told at one time they were "causing trouble" also and that he "needs to sign these I-9's anyway and move on 'cause we really need these workers". You've done the right thing. Keep your resume out there and spend as much of your personal time as you can marketing you, not exposing the company up and down the road. You need to get the hell away from that place of employment. The worst thing you could have done would have been to ignore the problem, accept fake documents, sign invalid I-9's and "not cause trouble" for your inept supervisor and a company that operates in violation of federal law. I wonder if your controller has also been told to sign and submit fraudulent IRS or state tax documents. If you had done as you were 'encouraged' to do, you would take the entire fall for the entire company when INS comes a-knockin'. Good luck with your job search!!!
  • Paula,

    Most of the attorneys in our network who answer questions on Employers Forum are attending a meeting in San Antonio the rest of this week. Hopefully, some of them will be able to stop in to offer their advice on your situation next week. Hang in there!

    Maybe someone else from Arizona on Employers Forum is looking to add a good HR person to their team ... or might have some job leads?

    Christy Reeder
    Website Managing Editor
    [url]www.HRhero.com[/url]
  • I would advise you to get out as soon as you can. I would also suggest that you make and keep copies of everything you were asked to falsify and copies of what your supervisor signed after you advised them of the falsification. Someone is going to be the "fall guy" here and you want to make sure that you are not the one.

    I would also keep notes and dates of conversations that you had with this person just in case anything legal comes of this so that you can go back and verify what you said and when.

    Good luck!
  • Paula, I applaud you for trying to stand up for what is right. Intentionally employing illegal aliens is a crime, and you could go to prison for it. I don't know how vigorously the INS prosecutes individuals in your situation, but I wouldn't want to test them. Here's some INS info where they basically say don't hold your breath after making a complaint:
    [url]http://www.ins.usdoj.gov/graphics/howdoi/illegal.htm[/url]

    If your company fires you for refusing to do something illegal, most states would allow you to sue them for wrongful discharge that violates public policy. But I don't know about AZ law.

    If they fire you for reporting a violation to the INS, I think federal whistleblower law would let you sue to get your job back.

    I'm sorry that you're in such an unpleasant situation. Quitting sounds like the least of several evils.

    James Sokolowski
    Senior Editor
    M. Lee Smith Publishers
  • Paula - what industry are you in? I am in AZ also in HR for a restaurant & entertainment facility, and INS looks at us very closely - but we're pretty big. I think size has a lot to do with INS response. We haven't been actually audited in about four years, but you never know when it can happen again. If you're in construction I feel for you. They turn their heads a lot. Whatever the reason, your supervisor signing I9s knowing they are fraudulent is crazy - get out now. Sounds like constructive discharge to me.
  • Ironically, I AM in the construction industry. This is the first time I've been in this type of industry, working for a small employer. My previous work experience has been in the corporate offices of larger companies and international companies.


    I have resolved that my best option is to search for new employment, which I had already started to do. Haven't had any takers yet, though.


    In 1997 (before my time), when this company was about 30 employees strong, they were raided by INS and lost 17 employees (who were somehow tipped off that the raid would happen in the afternoon, so none of them returned from lunch. Production took a large hit.) The lesson wasn't learned, however, because the company was not fined, but merely got a slap on the wrist. The thought that this will be the consequence again plays a significant role in the decision-making of upper management.


    Oh, and I still have not received a return call from the investigative unit at INS. Interesting...
  • Your problem is no an unfamiliar one to me - just in another area of HR regulations. About the only thing you can do, once you have advised your employer of the correct regulations (and I would document that by emailing your comments to them if it's not too late for that), is to continue to search for new employment. You have only been looking for a month....you will find you will need to commit a longer time to a job search during these times and perhaps even obtain the services of a couple of employment agencies to speed things up. Good luck!
  • Construction huh? Not surprising at all. It's cheaper labor and it's sometimes difficult to find people to do the jobs they have available so they just glance at green cards, put everyone to work and keep their fingers crossed. Hang in there and good luck in the job hunt.
  • I just want you to know how proud I am of you and the decision you have made regarding the law. Hang in there and hold your head high, for you will be rewarded for your ethics and honesty.
  • I agree with Nancy wholeheartedly. Good for you for doing the right thing.
    Hang in there and it will turn it okay in the end.
  • I thought I'd come back to this thread and update all of you very thoughtful folks for all of your kind words of support. I have approached my supervisor again with my concerns and subsequently resigned from my position. We have an agreement that I will stay on until she can hire a replacement, and I will be allowed more flexibility in my schedule to go to interviews during my job search. It may be that I am left unemployed when my replacement is fully trained (I'll be doing the training if I'm still here), but at least I'll be sleeping better at night.


    Again, I truly appreciate everyone's comments.
    [h]Paula
  • The subject of whistleblowers in Arizona has been a much contested issue and I am not clear as to what the current status is. However, while you made a decision of considerable integrity to leave your current employer because they are clearly violating Federal law, I recommend that you check into certain aspects of both Arizona and Federal law. If you had been a public employee in Arizona, you would clearly have been protected if you had reported the matter. However, private sector employment is different. For example, look at Section 1. Title 23, Arizona Revised Statutes, which was considered by the Arizona legislature to amend the statute by adding chapter 9, chapter 9 Wrongful termination. I do not know the fate of this provision: however, when it was pending in the Arizona Legislature, it was to expand the public policy provision for wrongful termination to provide an employee a right to claim against an employer if the employee is terminated for reporting the violation by the employer of any Arizona constitutional provision or an Arizona statute. The question therefore seems to be whether Arizona has a law against hiring illegal aliens or does the state leave this to Federal law. Furthermore, apart from Arizona law, pursuant to the Immigration & Naturalization Act the Federal Dept. of Labor implemented regulations that prohibit retaliation against an employee for reporting violation of immigration laws by an employer. I don’t know if you would have had a case for wrongful termination under Arizona law or even the full scope of your rights under Federal law had you been fired for reporting the employer. I am not licensed to practice in Arizona and therefore am not well briefed on the law as concerns you situation. I only wanted to point out that you would have been well served to look at the areas referenced. One thing I am sure of, though, if more people showed your courage and integrity, illegal immigration would not be such an extensive problem.
    Stanley P. Santire, JD
  • Hello to everyone again. I was asked to keep in touch as to how this turns out. Well, I'm sorry to say, that it is down to the wire. I was informed this morning that my last day with this company with either be this Friday or next (my choice, how nice). I have not been lucky enough to secure other employment, so it looks like I'll be homebound for a while this summer. That is that chance I took, but I firmly believe that everything happens for a reason, although I haven't quite figured out this one yet. Ha Ha!

    I'd like to again thank everyone who offered advice, opinion, and/or support during this period in my career. You are all a wonderful support group and I feel so much better about my decision knowing that I am not alone in my ethics.

    So.....

    Onward to bigger and better things (and sleeping in mornings, at least for a little while).


  • Paula,

    Key word is sleeping. You can lay your head down at night and not have any tossing and turning due to your ethics and honesty. Good luck and I will be thinking about you. DON'T EVER CHANGE FOR ANYONE!!!!
  • Paula,

    I'm sorry this has happened to you, but I think you exhibited great courage. There is a quote about courage that your situation brought to mind - "Courage is the quiet voice at the end of the day that says I'll try again tomorrow." I wish you prosperous tomorrows and know that you'll find someone far more satisfying to work for than the people you're leaving. Good luck. Let us all know where you land!

    Margaret Morford
    theHRedge
    615-371-8200
    [email]mmorford@mleesmith.com[/email]
    [url]http://www.thehredge.net[/url]
  • Before you leave, print out this entire thread. Send a copy to your employer and keep one for posterity.
  • Paula:
    Close the book. It was a bad read anyhow. Walk out of there with your head up and a smile. You will also notice that a great weight has been lifted off your back, called stress. Poof! Gone. One more thing, you have just made yourself available for the opportunity that will be knocking. Oh, dont't sleep too soundly. xI-)
  • The Righteous shall prevail. The next job is there and it is better than the one you left.
  • Here's to you! the best is yet to come...
  • Paula: Just remember that what goes around comes around and you WILL be rewarded for your courage at some time.
    Good Luck.
  • I congratulate you on sticking to your principles and in no way have the intention of downplaying what you have gone through to maintain your integrity and ethical beliefs. In fact, I admire you for sticking to your guns!

    I am surprised that no one posting brought up or questioned the type of "Alien Registration cards" you were reverifying. I am hoping you were reverifying Employment Authorization cards, NOT Alien Registration cards (Resident Alien and/or Permanent Resident cards) because INS specifically states that employers are "neither required nor permitted to re-verify the employment authorization of aliens who have presented one of these cards to satisfy I-9 requirement (this is true for conditional residents as well as permanent residents)" (found at [url]http://www.ins.usdoj.gov/graphics/howdoi/faqeev.htm[/url] under "Green Cards").

    Once again, in writing, my intention is NOT to tell you that you are wrong or that you shouldn't have done what you did in upholding your principles. As many of the posts say, you did the right thing by leaving a company who required you to look the other way and leave your ethical beliefs at home!
  • I apologize. Yes, I meant Employment Authorization cards (mostly I-688A).

    We just had an instance where we were told by SSA that a newly rehired employee (who was not ran through HR before the offer was made) did not match SSA's records and the employee should immediately contact SSA. My assistant brought this to his supervisor's attention, who took it to my supervisor, who then went to my assistant and told her to drop the issue and stop calling the SSA to verify information. Her theory: Why attract their attention to us?

    Coincidentally, when I informed my supervisor a few months ago that the IDs that had been historically accepted were so fake that even the copies looked fake (I even found where a Sonora Mexico ID card was accepted!), she immediately ordered us to remove all photocopies from the I-9s and shred them. No evidence that the fake ID oversight was intentional would be left in the event of an INS raid.

    You know, it saddens me to take that phone call from the DES (Department of Economic Security) and hear that one of our employees is working under the SSN of a 4-year-old child whose family is being denied state aid because the child's SSN is showing income. It's sickening and it's wrong!

    Thank you for letting me vent about this a little. And I thought I was disturbed when my assistant told me that the Company will no longer be Bonus taxing supplemental pay when I leave. (They don't like that law either.)

    On the plus side, my supervisor bought a going away cake for me. How nice.

    Today is my last day here. I have 3 1/2 hours to go and then it's all a bad dream.

    Good day to all of you!
    Paula
  • Best of luck to you Paula. . will be thinking good thoughts for you.
  • No apology necessary! Good luck in the future... when you find a company with high ethical standards, will you let me (and many others) know? I would love to work for a company that doesn't expect staff to look the other way!
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