Legal Question in Employment Law in Pennsylvania

Taking Others' Tests

I work at a car dealership. In addition to my regular duties my boss also has me overseeing the sales staff's training & testing. Rather than relying on the salesmen he's told me to take everyone's test for them. Until recently I was ''OK'' doing this but after some introspection, etc. my conscience is getting in the way. I'd like to tell him that I'll no longer take tests other than my own but I fear that if I do that I'll be fired. In the event it does come to that, do I have any legal recourse?


Asked on 5/30/06, 1:10 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Taking Others' Tests

Yes. In fact, you have both an ethical obligation and potentially a legal obligation not only to refuse to di this any longer but also to disclose the past practice.

Depending on the organization you work for you may have avenues within the organization to which you can bring this matter, such as an internal auditor, compliance officer or attorney. Even if you employer does not have such personnel the manufacturer(s) that the dealer reprsents will have a a "hotline" or "helpline" which you can and should call to discuss and disclose this matter. Be forewarned, that if you make this report anonymously the manager of the hotline cannot offer as much, if any, protection for you or your job.

There may also be civil protections afforded to you in the course of these disclosures. But those protections may not apply where you were complicit in the corruption.

Essentially what you describe is fraud. It may be simple or innocuous in this instance, or it may not be. But it is definitely emplematic of deeper problems.

You should consult an attorney with regard to protecting your position as you bring these matters to light.

And good for you in realizing that your actions are wrong. As the saying goes, "All that is necessary for the triumph of evil is that good men do nothing." (Edmund Burke)

Regards,

Roger Traversa

email: [email protected]

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Answered on 5/30/06, 2:11 pm


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