Legal Question in Employment Law in California

Supervisor Misconduct

Is it legal for a Supervisor/Manager ask a subordinate employee to ask a paid consultant to lie on company billing records (the purpose of which is to conceal the real cost and nature of what the consultant is doing).


Asked on 8/28/01, 6:26 pm

2 Answers from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Re: Supervisor Misconduct

My guess is if you were caught, your boss would deny asking you. Let your boss do his/her own lying. An employee can not be terminated for refusing to do an illegal act--in this case, fraud.

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Answered on 9/19/01, 8:17 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Supervisor Misconduct

Is it legal? Probably not, but for reasons of committing tax fraud, not so much as a labor/employment issue.

If you complain to tax reporting agencies, and your company takes action against you, then you may have a labor/employment matter.

Thanks for your posting.

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Answered on 9/17/01, 2:34 pm


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