Whistle blowing information request

[statew60120]

My employer is committing an illegal act of copying product that is manufactured by others and they are ignoring the patents that protect the individual product rights. As an engineer, I would hate for someone to steal my design and my hard work with research and development. I am leaving the company in 2 weeks I cannot accept the deception and the culture however I am struggling if I should say something to the competitors or the authorities. I would like to know could they sue me for blowing the whistle on their illegal activities? Our headquarters is located in Illinois.

They are willfully committing patent violation by copying competitor products. They are asking me as one of the engineers in the team to look the other way. Our vice president of engineering is also concern of the patent violation. Its been brought to the attention of the in-house counsel and he pretty much said we ignore it until someone complains.

 

[eerelations]

Did you sign a confidentiality agreement during your time at the company? If yes, then telling the company's competitors about this could be seen as violating the agreement.

If you haven't signed one, and you are asked to sign one before you leave, and you want to tell the company's competitors about this product, then refuse to sign it. But be aware that this refusal will cause you to be walked out the door immediately, and you won't be paid for the remainder of your notice period.

There are perhaps other agencies that you could report this patent violation to, but I don't know what they are. (The US patent office?) I'll leave that to my Esteemed Colleagues here to figure that out for you.

 

[adjusterjack]

I would like to know could they sue me for blowing the whistle on their illegal activities?

That's easy. By filing a lawsuit and serving you with a summons and complaint. Is that really what you wanted to ask?

I am struggling if I should say something to the competitors or the authorities.

What authorities? Nobody's going to get arrested for what they are doing. If you want to tell the originators of the product, just send in anonymously with some convincing evidence.

 

[quincy]

My employer is committing an illegal act of copying product that is manufactured by others and they are ignoring the patents that protect the individual product rights. As an engineer, I would hate for someone to steal my design and my hard work with research and development. I am leaving the company in 2 weeks I cannot accept the deception and the culture however I am struggling if I should say something to the competitors or the authorities. I would like to know could they sue me for blowing the whistle on their illegal activities? Our headquarters is located in Illinois.

They are willfully committing patent violation by copying competitor products. They are asking me as one of the engineers in the team to look the other way. Our vice president of engineering is also concern of the patent violation. Its been brought to the attention of the in-house counsel and he pretty much said we ignore it until someone complains.

If you are sure of your facts, you can report the patent infringement to the patent holder.

A nondisclosure agreement (NDA) or confidentiality agreement is not binding on those who report criminal activity, torts, or activities contrary to the health and safety of the public. There is, in other words, a disclosure "privilege" that attaches to reports of the nature you describe.

 

[FlyingRon]

But they don't need an NDA to fire him. This isn't the type of "whistleblowing" The Federal WBPA only covers government employees. There are few federal rules that protect civilian whistleblowers, but they're quote limited in scope (they apply to violations of certain governmnt acts like SarbOx or some of the environmental laws).

Illinois's whistleblower only applies to employees who refuse to do illegal acts or report illegal conduct to the authorities. Talking to the competitors is NOT a protected activity under that act either.

 

[quincy]

But they don't need an NDA to fire him. This isn't the type of "whistleblowing" The Federal WBPA only covers government employees. There are few federal rules that protect civilian whistleblowers, but they're quote limited in scope (they apply to violations of certain governmnt acts like SarbOx or some of the environmental laws).

Illinois's whistleblower only applies to employees who refuse to do illegal acts or report illegal conduct to the authorities. Talking to the competitors is NOT a protected activity under that act either.

True. But statew60129 said he is planning to leave the company in 2 weeks. He can wait to contact the patent holder until after he leaves.

Job termination then would not be an issue.

And statew60120 will be able to disclose patent infringement (or any other illegal activities engaged in by his former employer) without worry of violating any NDA he entered into with his former employer.

 

[PayrollHRGuy]

And statew60120 will be able to disclose patent infringement (or any other illegal activities engaged in by his former employer) without worry of violating any NDA he entered into with his former employer.

An NDA could easily carry over after he quits.

 

[quincy]

An NDA could easily carry over after he quits.

That is generally (or at least often) the case. The NDA is designed to protect the employer's legitimate business interests by preventing disclosure of private business information - by employees and by former employees.

But, as I said earlier, having employees sign NDAs will not protect an employer who is violating laws or putting the public at risk with his activities. The employee can report the employer and cannot be sued for a breach of the contract. The disclosure is protected by privilege.