Boss wants me to lie

[wildthing]

What is the name of your state (only U.S. law)? Indiana

Back in early Sept. the construction company I work for purchased a old farm house to remodel. During the remodel we encountered asbestos insulation on the boiler pipes. When the boss told us to just cut it off & throw it in the dumpster a co-worker (Mike) told the boss that was dangerous and illegal and he would call the EPA & OSHA if the boss didn't give us the proper safety gear to remove it and dispose of it properly. The boss complied but started being a total ass to Mike after that. About 2 weeks later, on a Wed. afternoon, Mike was sent home for the rest of the week by the boss, for wasting material (about $30 worth of lumber). He had framed up 3 windows using the dimentions the boss gave him and when the windows arrived they were too big for the openings. When Mike showed up for work the following Monday the boss told him that he had only sent Mike home for the rest of the day on Wednesday but since he didn't report for work or call in on Thursday or Friday the boss figured he had quit.
On Thursday of this past week the boss told Dave (the other guy that was on site when this all happened) and I that he had denied Mikes un-employment because Mike quit and we might have to testify at the un-employment hearing.
I talked to Dave after the boss was gone and he said he didn't hear what the boss told Mike on that Wed. so he can only testify that Mike didn't show up for work on Thur. & Fri. I was standing right there when everything happened so I don't have that option. On Friday I put a small tape recorder in my nail pouch and had a conversation with the boss about what really happened and that I'm not comfortable with lying about this. The boss made the comment (and you can hear it clear as day on the tape) "you may want to think about how your going to feed your 3 kids & pay your bills before you let your conscience get the best of you".
Q#1: Was recording that conversation illegal & admissable in court?
Q#2: I know of a couple illegal things that my boss has done over the past couple years. He hooked a sewer drain up to a county drain tile. He buried 20 sq. of old asphalt shingles in a hole he dug in a field that his brother ownes. I've seen him dump chemicals & antifreeze down the floor drain at the shop. How can I use this stuff to my advantage?

 

[jiggy78]

First of all, your boss doesn't "deny" anybody's unemployment. That decision is made by the State after hearing from both parties.

So your boss wants you to lie and say he only sent this employee home for one day and not the entire week? Even if that is true, it's unlikely that would have any effect on the decision.

You would be very foolish to introduce that recording as evidence at the unemployment hearing. (and by the way it's not Court)

 

[Ohiogal]

What is the name of your state (only U.S. law)? Indiana

Back in early Sept. the construction company I work for purchased a old farm house to remodel. During the remodel we encountered asbestos insulation on the boiler pipes. When the boss told us to just cut it off & throw it in the dumpster a co-worker (Mike) told the boss that was dangerous and illegal and he would call the EPA & OSHA if the boss didn't give us the proper safety gear to remove it and dispose of it properly. The boss complied but started being a total ass to Mike after that. About 2 weeks later, on a Wed. afternoon, Mike was sent home for the rest of the week by the boss, for wasting material (about $30 worth of lumber). He had framed up 3 windows using the dimentions the boss gave him and when the windows arrived they were too big for the openings. When Mike showed up for work the following Monday the boss told him that he had only sent Mike home for the rest of the day on Wednesday but since he didn't report for work or call in on Thursday or Friday the boss figured he had quit.
On Thursday of this past week the boss told Dave (the other guy that was on site when this all happened) and I that he had denied Mikes un-employment because Mike quit and we might have to testify at the un-employment hearing.
I talked to Dave after the boss was gone and he said he didn't hear what the boss told Mike on that Wed. so he can only testify that Mike didn't show up for work on Thur. & Fri. I was standing right there when everything happened so I don't have that option. On Friday I put a small tape recorder in my nail pouch and had a conversation with the boss about what really happened and that I'm not comfortable with lying about this. The boss made the comment (and you can hear it clear as day on the tape) "you may want to think about how your going to feed your 3 kids & pay your bills before you let your conscience get the best of you".
Q#1: Was recording that conversation illegal & admissable in court?
Q#2: I know of a couple illegal things that my boss has done over the past couple years. He hooked a sewer drain up to a county drain tile. He buried 20 sq. of old asphalt shingles in a hole he dug in a field that his brother ownes. I've seen him dump chemicals & antifreeze down the floor drain at the shop. How can I use this stuff to my advantage?

Tell the truth. Realize that you are going to be looking for a new job so start now. And if you helped bury the asphalt or hook up the sewer drain or anything of that nature, you are an accessory.
What you need to do is determine if you want to work for a crooked individual.

 

[commentator]

I agree. You need to find another job. Be looking for one while you are still working.

If it comes to it, you can deal with the unemployment hearing situation. But we are talking about something that is going to happen a long time from now, several weeks, even months, in my estimation.

First the guy has to file the claim, this will be two or three weeks. An initial decision approving benefits will have to be made. This takes time. He has to be approved. Your employer will get notice that he has been approved. More time. He (your employer) will have to file an appeal. He will have to ask for a hearing. If at this point, he demands that you testify, I would tell him, very carefully, quietly and diplomatically, that you are not willing to lie under oath. That you are afraid that the other person might subpoena you to testify on his behalf, (which he could do, actually)

Say that it would be very unwise for him to ask you to be a witness, as you would certainly not be able to "risk prosecution" to lie for him, even if he found it necessary to fire you for not doing so. (Actually, this is not a court proceding, this is an administrative hearing, you would not be prosecuted for lying under oath, but I bet this employer of yours doesn't know that.) Don't pop up and tell him you taped the incident or that you know all the other rotten things he's done and he'd better not threaten you. Just be quiet, and nice, and respectful, but tell him no, you don't feel comfortable doing that. As the parent and protector of these children you have, you do not feel you can put yourself in jeopardy by breaking the law.

Then, go about your business. If he rants and raves and threatens you, let him do what he feels like he needs to do. It sounds like this guy is just a stupid and unprincipled bully. Is he really going to fire his long term employee, his secret bearer, someone who's been a very good employee for a long time? So let him do it. Make sure he fires you, that you do not quit. Smile, thank him for the good years, and leave after he fires you.

File for unemployment benefits. You'll very likely win your appeal and be approved for benefits while you find that other job you so desperately need anyhow. You probably won't even need the tape of him threatening you and ordering you to appear for him and lie. But you have it anyhow.

In the meantime, if he has fired you, call OSHA, call the environmental control places and report what your employer has done. EMployees for companies that do these sorts of things are usually not prosecuted as accessories unless they were knowingly filing false reports or such. It is the owners and operators of these businesses who are given the penalties.

It's likely your old co-worker has already done this reporting anyhow and your employer may be going out of business and/or facing prosecution himself soon anyhow.