Legal Question in Employment Law in Ohio

Re: Boss instructing me to do unlawful things

Do not follow the boss's order to destroy evidence. Do not participate in his discrimatory hiring, either.

You can quit your employment and, from the sounds of things, you probably should do so.

If you need to keep this job, you have the right to do it free from retaliation against you for insisting on doing it lawfully. Therefore, you can tell your employer in writing that you refuse to destroy the documents. If he fires you, then you may have a claim for retaliation.

Be aware, however, that Ohio's whistleblower's law has very specific procedures that you must follow when you refuse to destroy records. I highly recommend that you consult an employment attorney. Check the member directory at www.OhioEmploymentLawyersAssociation.org to locate a lawyer near you.

Regards,

Neil Klingshirn

330.665.5445

Re: Boss instructing me to do unlawful things

You have the right to (and indeed should) refuse to commit unlawful acts on behalf of your employer. If, because of your refusal, you are terminated, you will have a claim against your employer for wrongful discharge. You also have the right to file a complaint with the appropriate governmental agencies relating to your employer�s conduct. For example, the instruction to hire only �white people� is clearly in violation of both state and federal anti-discrimination laws. You could, therefore, file a �charge� (i.e., complaint) with the Ohio Civil Rights Commission and/or the federal Equal Employment Opportunity Commission. The law prohibits employers from retaliating against employees who make complaints of discriminatory conduct and thus, if you were terminated (or if other adverse actions were taken against you) in retaliation for making such a complaint, you would have an additional, separate claim for retaliation and/or wrongful discharge.