Can You Be Held Responsible for Violating Employer Rules From Your Annual Review

[Anonymous Office Worker]

My question involves labor and employment law for the state of: Georgia

On this year's annual employee review there was a new statement. The statement is:
Do you understand that if you believe that there has been a violation of company policy, including the policies on EOE and prohibiting sexual and other harassment in the workplace, you should report it, preferably in writing, to your Supervisor or the CEO? Yes or No

Am I liable if I fail to disclose these violations of company policy as well as violations of law that are done on a frequent basis now that this has been expressed in writing? My liability concern is that should an audit reflect these violations, would I be held responsible and could also face the same disciplinary actions as the offenders and management by failing to report it due to trying to avoid retaliation?

Thanks

[eerelations]

Your employer is legally free to discipline/fire you if you don't report violations of company policy. The reason for the discipline/firing would be "insubordination" i.e., failing to follow instructions.

[cbg]

Are you a supervisor or manager?

[Anonymous Office Worker]

No, I an not a supervisor or manager. I am office support staff.

Policies and procedures are violated every day. The management knows about it because they are the main ones breaking company policy as well as violating a FLSA law. The chain of command is only one person for me in reporting the issue and it is directly to the perpetrators. Cannot go over their head as going to the board will be automatic termination and if they feel the violations are "bad" enough, it would not be worth the risk of my termination.

It really appears I am doomed either way. I do not have enough proof to report the FLSA violation. If I were violating the policies, it would be terms for my termination because I am not treated equally as the others because I do not suck up to them. I am repeatedly reminded that I am the only on there that would get my company into trouble because the others won't tell anything that would harm the company. (Meaning I am too truthful).

Thanks for the information. It confirmed that I am in a losing situation either way.

[cbg]

LEGALLY you are only liable if you are a manager or supervisor, because in that case if you are on notice, officially/legally the company is on notice.

However, the employer is free to find you liable for not reporting a violation of company policy, even if the law does not.

The difference is thus: In the first case, you can be both fired and sued. In the second case, you can only be fired.

Where is your HR department?

[Anonymous Office Worker]

I am trying to be careful not to identify myself.

The company is small. We have more than 10 but less than 20 employees. There are 3 upper level management positions. The rest of us are subordinates with no authority of any kind. My position as support staff does everything that management does not. No HR department.

The management put this clause in to cover themselves hoping it would prove their innocence. Management knows that these issues exist because they are the ones that tell us the policies and procedures but then they turn around and break them. They are also believe that no one will put these things in writing. They state that they won't retaliate, but I have seen retaliation to happen to others.

This is why I was wanting to make sure that this disclaimer meant what I thought it would. That it would cause my demise right along with them if I choose to not put into writing what I have already discussed with them verbally. It also opens a door for them to use it to terminate my employment at any time for cause by not putting it into writing. I know for a fact that if I do put it in writing that I am going to be terminated immediately. It would never make it to my personnel file if by some chance they didn't fire me.

I am currently trying to figure out how to protect my integrity and my job in this current economy under these circumstances. I am trying to find ways to document and prove the almost impossible to prove issues.

A friend thinks that they have found a loop hole for me though. On my review the management did not mark that I know company policies and procedures. My friend told me that I can't be held liable for what my supervisor says that I do not know.

For the past year it seems like things are being fabricated to set things up to where I could be terminated at any time for cause and they would not be in the wrong. If it wasn't for the money that I make at my job and the impossibility of getting another in this area, I would have already been long gone and exposed everything. If I expose now, I have to make sure it is severe enough to save my job and that they would lose theirs.

[eerelations]

None of this changes anything, and your friend's "loophole" won't work. As you've been told, if you don't report what your employer has told you that you must report, then your employer may legally fire you.

[BennyBlanco]

Im not getting the 'they put this in to screw us' feeling. It says do you know that if you are aware of any violations of etc...you should report them? By saying yes, all you are agreeing to is the fact that you know that if see direct violations they should be reported to a superior.

LEGALLY you are only liable if you are a manager or supervisor, because in that case if you are on notice, officially/legally the company is on notice.

This is also a good point. In a supervisor position, you have authority over other employees with can be used as leverage that allows you to harras them, and part of being a supervisor is looking out for this who work for you.

The question Im asking myself is why would I work for a place where I was affraid to say anything, so those above me did what they want in violation of the law, and all I could do was watch? Honestly, if youre letting them get away with it, youre just making it worse for everyone.