You are here

Illegal retaliation by employer

Is it legal for a manufacturing company that receives products from "let's say China", to remove the labels/tags and repackage the products and sell them as their own? Can an employee who was told by a boss to remove these tags/labels get into trouble for obeying the request?

Share this with your friends

I don't think you should agree to do it, but I suspect the employer is more likely to get in trouble than you are.  As you may know, federal law requires that all products imported into this country be labeled with the country of origin/manufacture.  Interestingly, your situation may highlight one of the exceptions to the at-will employment rule in Massachusetts (the general rule that an at-will employee can be fired for any non-discriminatory reason):  An employer cannot fire an employee for refusing to perform illegal activities.

If you are terminated for "whistleblowing" you have a a claim against the employer. While TheEditor is correct that this is one of the few statutory exceptions to the at-will employment this country continues to embrace, an employer would still be able to allege a nondiscriminatory reason for you discharge. The burden would then be on you to demonstrate that the stated reason was just pretext for the termination.

I would also recommend that you see an employment attorney to gauge your available remedies.

Talk to a General Law Practiceyer Today
Most offer FREE Consultations
Connect with The Forum
facebook google twitter linkedin