jerrodh Posted May 17, 2012 Report Share Posted May 17, 2012 Here is the rundown of the situation. Someone I know works for a company that is not complying with state board laws. The company has set expectations that all the people who work in the State of Ohio would be breaking these rules as well because with the current setup there is no way around it. They have recently found out they are under investigation by the state board. The company is being very hush-hush about it not keeping employees in to know at all. And just hired my friend within the past few months and never said a word. Obviously no job is worth a federal record, etc. But my friend did leave their previous job for the new job. Not only that they actually signed a new lease based on this location considering they were planning on moving until this job came about. So they have a lot of commitment based on this job. So they have pretty much come up with these ideas. A) have to quit and just cut their losses. B) tell the company they will not be doing these "expectations" that could qualify as breaking the law. C) Take some sort of legal action? C is really the option that they are leaning towards because if they just pick option B the company will likely just fire them which doesn't really help the situation at all. I personally recommended the option of B and C so if they would have some kind of legal protection if the company decided to fire my friend for simply NOT breaking the law. So if anyone has an insight it would be greatly appreciated because this is over my head and I can't really help my friend out. If legal action is possible or recommended what is the first step. They don't have a lot of money to really get anything going, especially if it's not a surefire return. Quote Link to comment Share on other sites More sharing options...
SPL_Josh Posted May 17, 2012 Report Share Posted May 17, 2012 Option b. Can't operate beyond scope of practice/legalitys If they get fired there will be a legal case that they can when if they can prove the company wants them to operate illegally. Also unemployment is better than nothing Quote Link to comment Share on other sites More sharing options...
Furloaf Posted May 17, 2012 Report Share Posted May 17, 2012 Yeah, B leads to C. A is stupid to do without trying B first. Depending on the nature/grievousness of the law breaking A to C might be more prudent. Quote Link to comment Share on other sites More sharing options...
wnaplay1647545503 Posted May 17, 2012 Report Share Posted May 17, 2012 The company has set expectations that all the people who work in the State of Ohio would be breaking these rules as well because with the current setup there is no way around it. I dont understand this. Are you saying that the company expects your friend to knowing break the law? Or that the only way to meet the companies expectations is to knowing break the law? I have to agree with everyone else. Business' are under investigation on a daily basis that doesnt mean they are doing something wrong. If your friend feels based on knowledge that what the company wants him to do would be breaking a law he needs to decide if thats a company he wants to be affiliated with and if not cut his losses. I dont think he would have any legal recourse especially since there hasnt been proof the business did anything wrong and even then I dont think he does. Why is he afraid to bring his issues/concerns up with his employer? Even if they fired him for doing so at least he could leave with a clear conscience knowing he did what he felt was right. Quote Link to comment Share on other sites More sharing options...
jerrodh Posted May 17, 2012 Author Report Share Posted May 17, 2012 It has to do with the amount of licensed personel they have on staff. They do not have enough to cover the amount of hours the business is open. So when a licensed individual is not present they continue to go about business that is supposed to only be done when a licensed individual is around. And I do know for a fact they can be held liable. An Quote Link to comment Share on other sites More sharing options...
wnaplay1647545503 Posted May 17, 2012 Report Share Posted May 17, 2012 Ahhh we have similar issues on a different scale with my wifes shop. Is he worried that he will somehow be involved with prosecution, getting a criminal record or something along those lines? Like I said people/business' go under investigation everyday if he wouldnt catch any shrapnel if shit hit the fan or be held liable if he said nothing, I would tell him to ride it out. I still dont see how he would have any legal recourse in any instance. Of course none of this advice has any experience or expertise behind it. Quote Link to comment Share on other sites More sharing options...
Green Bastard Posted May 17, 2012 Report Share Posted May 17, 2012 i would suggest option b, if he isnt performing a job that he doesnt have the proper liscence for, and the state mandates that you have to have a liscence for that job then they legally cant fire him for it. if they do he would have a case (in my opinion) for wrongful termination. but like has been said before, only if he can prove he was fired for not doing something illegal. Quote Link to comment Share on other sites More sharing options...
LJ Posted May 17, 2012 Report Share Posted May 17, 2012 It has to do with the amount of licensed personel they have on staff. They do not have enough to cover the amount of hours the business is open. So when a licensed individual is not present they continue to go about business that is supposed to only be done when a licensed individual is around. And I do know for a fact they can be held liable. An My wife's friend interned at a vet clinic like this. Any non-licensed assistant has to be directly supervised by a Veterinarian. They had assistants performing as RVT's with no one present. They got a fine, "probation" and a disciplinary action put on their record. The employees avoided "practicing medicine without a license" charges because the practice itself was owned and supervised by licensed vets. Quote Link to comment Share on other sites More sharing options...
Mensan Posted May 18, 2012 Report Share Posted May 18, 2012 i would suggest option b, if he isnt performing a job that he doesnt have the proper liscence for, and the state mandates that you have to have a liscence for that job then they legally cant fire him for it. if they do he would have a case (in my opinion) for wrongful termination. but like has been said before, only if he can prove he was fired for not doing something illegal. http://www.columbusracing.com/forums/picture.php?albumid=553&pictureid=6161 Quote Link to comment Share on other sites More sharing options...
Alex1647545498 Posted May 18, 2012 Report Share Posted May 18, 2012 http://www.columbusracing.com/forums/picture.php?albumid=553&pictureid=6161 Prick! Quote Link to comment Share on other sites More sharing options...
smokin5s Posted May 18, 2012 Report Share Posted May 18, 2012 typically the companies get fined not the employees, but I guess it depends on what the license is... if he's putting down animals or something, that's a whole different thing than let's say, replacing hardware in a MAC machine (in order for companies to service MAC hardware, you are supposed to be certified by apple or some shit) What he should do it so go to his boss and ask to get certified or whatever is required... help make the situation better, not just bitch about it. Quote Link to comment Share on other sites More sharing options...
Miller Posted May 18, 2012 Report Share Posted May 18, 2012 Do whatever will land him in the company's graces. I did questionable work for a company and when I stood up for myself I got drilled into the ground and the only thing that saved my ass was one of the best law firms in the state. Being a peon is not going to land him a record for complying with his company. If he had vest in the activity as a shareholder or owner or received bonus/pay for it than he could suffer the consequences. Walk away, young squire, go quietly into the night. Quote Link to comment Share on other sites More sharing options...
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