Tracey S. Bernstein, Esq


What to do if you witness wrongdoing by your manager or other senior employee is always a problem for employees.  Assurances in the company handbook or from Human Resource representatives that you will not be retaliated against for reporting improper conduct are not often honored.  There is also the chance that you are in error about your manager’s conduct. The decision is really one to be made on a case-by-case basis taking into consideration the following factors:

  1. What evidence do you have of the misconduct.
  2. If there are witnesses beside yourself, will they come forward with you to report the misconduct.
  3. Does the conduct directly impact the health and safety of you or your co-workers.
  4. Is the conduct criminal in nature.
  5. If it comes out that you were aware of the conduct but failed to report it, will you lose your job or be reprimanded in some other meaningful way.
  6. Are you obligated by any statute or regulation to report the conduct.
  7. Will reporting the conduct protect your job such as for reporting discrimination.

While these seven (7) factors do not comprise the entire list of considerations, they should help you in formulating your plan of attack. If you are unsure or the problem is significant, you may also want to consider consulting an employment attorney for guidance on your rights and remedies.