As a manager, I received this email from my store manager that came from the district manager.
Team, you cannot call the police without my approval, if I am not available it would fall to (Blank) or (Blank). This is not optional.
I need every store manager to review this with their team today. All Managers need to know this. Your night crew leaders need to know this policy, as well.
Is this instruction legally valid? Can I legally ignore it?
Employers in CO and at least 43 US states cannot lawfully fire an employee for reporting a crime to the police, or calling 911. It falls under the public policy exception to at-will employment.
Some examples or this are covered here. https://www.bls.gov/opub/mlr/2001/01/art1full.pdf
Two examples of statutory text, but most will fall under case law.
California Labor Code section 1102.5(b), an employer is prohibited from retaliating against an employee who discloses information to a law enforcement agency where the employee has a reasonable cause to believe the information discloses a violation of federal or state law.
Montana Code 39-2-904. Elements of wrongful discharge -- presumptive probationary period. (1) A discharge is wrongful only if: (a) it was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy;
Collier v. Superior Court (MCA, Inc.) (1991)
In this case we conclude that an employee who is terminated in retaliation for reporting to his or her employer reasonably suspected [228 Cal. App. 3d 1120] illegal conduct by other employees that harms the public as well as the employer, has a cause of action for wrongful discharge
Palmateer v.International Harvester Company
In this case, Ray Palmateer alleged that he was fired from his job with International Harvester after he provided information to local law enforcement authorities about potential criminal acts by a coworker and indicated that he would assist in any criminal investigation and subsequent trial. In this case, nothing in the Illinois Constitution or statutes required or permitted an employee to report potential criminal activity by a coworker. However, the court found that public policy favored citizen crime fighters and the exposure of criminal activity. Thus, Palmateer brought an actionable claim for retaliatory discharge
If you ever think about calling an emergency number: Emergency numbers are for emergencies, meaning that the number should be called as quick as possible. So there is no time to contact the district manager and ask him. When your life or health is at immediate risk, or the life or health of another person is at immediate risk, caused by some criminal activity, then you call an emergency number.
There is the risk that your district manager will retaliate against you. If your health was at risk, your health is more important than your job. If my health was at risk by some criminal in your store, and you saved me by calling the police, and your district manager wants to cause you trouble, I'll rip his head off (figuratively speaking). If any customer gets hurt because of this policy, the company is in trouble.
In cases where the only victim is the company (for example a shoplifter causing no harm other than taking the company's property), it's up to the company to decide if police should be called. If others are the victims, it's not up to the district manager.
Yes, your manager can do this.
Colorado is a "employment-at-will" state.
employment-at-will means that any employer or employee may terminate employment at any time without giving any reason or a notice
There are a couple of reasons for wrongful termination in Colorado:
Discriminatory Firing
You cannot be fired on the bases of race, gender, religion, age, pregnancy, or disability.
Breach Of contract
An employee that has an employment contract (which may be written, oral, or implied) is no longer employment-at-will.
Wage and Hour Issues
it's illegal to fire an employee for filing a complaint with the state's wage board
Time Off Work
You cannot be fired for taking time off in regards to:
- Military leave
- Jury Duty
- Voting
- family, and medical leave
There is a legal theory that has been used in Illinois, that states calling the police is protected under the whistleblowing act, but this theory has never been tested in Colorado.
It could be argued under Colorado's whistleblowing laws that:
the employer was aware or reasonably should have been aware that the employee's refusal to comply with the order or directive was based on the employee's reasonable belief that the action ordered was illegal, contrary to clearly expressed statutory policy relating to the employee's duty as a citizen, or violative of the employee's legal right or privilege as a worker.
