When an employee speaks out against unethical or illegal practices in their workplace, or threatens to, an employer may feel tempted to retaliate against that employee by firing, disciplining them short of firing, or denying them deserved promotions or pay increases.  Such retaliation is illegal under federal and New Jersey law.  It also may violate the federal Whistleblower Protection Act (“WPA”).  The US Congress updated and enhanced the WPA in 2012 to include specific language protecting government employees.

Wells Fargo Bank recently went through an embarrassing shake up when it was discovered that thousands of employees had opened fake accounts for their customers, generated fake PIN numbers, and used fake email addresses, all to build up the Bank’s portfolio of accounts.  Managers mandated creation of such accounts, with rewards given for employees who met their goals, and sanctions for those who did not. Wells Fargo, a national bank, fired 5,300 employees related to these activities.

Executives profited off the scheme and stockholders made a profit for five years.  Those employees who refused to break the law were punished, isolated, and “left out in the cold.”

Employees complained the Company’s lofty sales goals were “unrealistic”, “impossible”, and “unreachable”, and employees could not consistently meet the quotas without resorting to fraud.

Wells Fargo either demoted or fired thousands of employees who failed to resort to illegal tactics, as directed by their managers. This scheme was rotten to the core.

Typical of whistleblower situations, employee Bill Bado noticed that other Wells Fargo employees were routinely engaging in widespread unethical practices. To speak out and stop those behaviors, Mr. Bado made use of an employee complaint system that management put in place to monitor workplace ethics. Mr. Bado believed that Wells Fargo created a hostile work environment purposefully, as a way to punish him because he spoke out.

In clear violation of the Whistleblower Protection Act, Wells Fargo of New Jersey fired Mr. Bado for calling the Bank’s  ethics hotline and sending email to the Human Resources Department.  In those communications, Mr. Bado questioned allegedly unethical practices of the Bank. When Mr. Bado asked why he was terminated, the Bank told Mr. Bado orally that the reason for his firing was “tardiness”.  According to Mr. Bado, the Bank’s adverse employment decision and stated reasons were a pretext (“a lie”) for unlawfully discriminatory actions and bad intent.

According to federal law, an employer may not retaliate against an employee for any of the following employee activities:

• Being a witness in a U.S. Equal Employment Opportunity Commission complaint or investigation;
• Refusing to engage in a discriminatory act;
• Resisting sexual advances;
• Requesting a reasonable accommodation for a disability or religious practice; and
• Communicating with manager regarding an alleged unethical practice.

While the federal statute does not specifically mention calling an ethics hotline as a protected practice, it is clear that a system established expressly for reporting wrongdoing falls into the category of protected activities. Therefore, if Mr. Bado was fired for calling an ethics hotline, despite the employer’s stated justification, then it seems clear that Wells Fargo wrongfully terminated Mr. Bado’s from his position.  The parties should agree to reinstatement plus back pay (to the date of firing), or, you should speak an experienced employment lawyer for workers.  Learn your rights and enforce them.

If you have been the victim of workplace discrimination or retaliation, or otherwise treated unfairly at work, you should hire an experienced employment law attorney for workers, to advocate for your cause. At Hanan M. Isaacs, P.C., we care about your rights. Call our Central  Jersey law offices at 609-683-7400, or contact us online, to set up a near-term reduced fee initial consultation.  We will listen to your facts, explain the relevant law, and suggest how you may best achieve civil justice for yourself and your family.  Call today.  You will be glad you did.