You know how sometimes it feels like your boss crossed the line? But you’re not sure if it’s illegal?
Yeah, us too. Thousands of employees face illegal workplace practices by bosses every day. And most of them don’t realize it until it’s too late.
The good news?
It doesn’t have to be that way.
The bad news?
It often is.
Here’s what’s true about illegal workplace practices by bosses
- Not every unfair workplace practice is illegal… but most of them are.
- Most of them have common patterns that you can learn to spot.
- No one will protect your rights at work like you will.
- If you recognize what illegal workplace practices look like, you’ll have more power to fight back.
And the rest you’re about to discover…
What Makes A Workplace Practice Illegal
Illegal workplace practices by bosses are exactly what they sound like: actions by an employer that break the law. When a boss discriminates against an employee because of their sex, fires someone for reporting harassment, or retaliates against an employee for taking protected leave, that’s illegal. Understanding what is it called when your boss threatens to fire you and other illegal workplace practices is key to protecting your rights. If your boss yells at you, acts rude, or gives you a bad performance review, that may be unethical. But unless it violates a law, it’s not illegal.
The most common illegal workplace practices include:
- Discrimination based on protected characteristics like sex, race, age, and more
- Retaliation for whistleblowing or other reporting
- Wage and hour law violations like unpaid overtime or off the clock work
- Harassment that creates a hostile work environment
- Wrongful termination
But here’s the thing…
Just because you have a difficult boss doesn’t mean they’re breaking the law. Knowing the difference is the first step.
The Retaliation Problem That’s Getting Worse
We hate to break it to you, but retaliation is the illegal workplace practice that’s growing each and every year.
According to recent EEOC data, discrimination claims by employees reached 14.7 per 1,000 employees in 2024. The highest level in the last 9 years. The key number to look at here is retaliation claims which make up nearly 1 in 2 of all charges filed.
If you report harassment to HR, file a discrimination charge, or blow the whistle on safety violations, your boss can’t legally retaliate against you. Too many still do.
Retaliation can come in many forms. It could be a negative performance review out of nowhere, being demoted or having your pay cut, being passed over for a promotion you were previously in line for, being written up or suspended for minor infractions, or even being threatened with termination.
Studies show 49% of employees wouldn’t report harassment or discrimination because of fears of retaliation. That’s almost half the workforce being too afraid to report illegal activity.
Discrimination: Still A Major Problem
Bosses discriminating against their employees is one of the most common illegal workplace practices.
In 2024, the EEOC alone received over 88,000 discrimination charges from employees. That’s just the ones reported.
Discrimination can take place when an employer treats an employee or applicant differently because of:
- Race or ethnicity
- Sex or gender
- Age (40 or older)
- Religion
- Disability
- Pregnancy
- National origin
While some cases are obvious like a boss making racist remarks, most are much more subtle. Getting passed over for raises and promotions while less-qualified employees are promoted. Suddenly getting impossible workloads or tasks after returning from maternity leave. These can all be signs of illegal discrimination in the workplace.
Wage And Hour Violations: Money You’re Owed
Another common illegal workplace practice is if your boss isn’t paying you the right amount or on time.
This includes common wage theft violations like:
- Not paying required overtime
- Forcing employees to work off the clock
- Misclassifying an employee as an independent contractor
- Not paying for all hours worked
- Tip stealing or forcing employees to share tips with managers
Employee rights include the right to be paid for every hour worked. This is not a company policy issue – it’s a legal one. Federal and state laws set the minimum standards for pay. You can’t opt-out of those laws. If your boss retaliates against you for asking about unpaid wages, it’s another illegal workplace practice on top of the first one.
Wrongful Termination: When Getting Fired Crosses The Line
Firing an employee is not always an illegal workplace practice… but it often is.
Employers have the right to terminate an at-will employee for any reason or no reason. But they can’t do it for illegal reasons. Illegal termination or wrongful termination happens when an employee is fired in violation of employment laws.
Protected reasons you can’t be legally fired include:
- Refusing to do something illegal
- Reporting illegal activity (whistleblowing)
- Filing a discrimination complaint
- Taking legally protected leave like FMLA leave
- Serving on a jury
- Exercising other legal rights
Bosses know they can’t fire you for protected reasons so many will create performance issues or layoff situations as cover. Employers fire 1 in 4 workers before their first month of employment. Employers know you have a very limited chance of holding them accountable, so they get away with it.
What To Do When Your Boss Breaks The Law
The illegal workplace practices by bosses are one thing… Knowing what to do when you see one is another.
If you think your boss is breaking the law, here are the steps to take:
- Document everything. Emails, texts, any written communication. Plus a detailed log with dates, times, places, and witnesses.
- Report internally first. Use the company’s HR department or other reporting procedures.
- File with the appropriate agency. The EEOC for discrimination and retaliation or your state’s labor department for wage issues.
- Consult an employment lawyer. Many offer free consultations and can advise you on your case.
The key is not to wait. Employment law claims have deadlines.
The Bottom Line On Illegal Workplace Practices
Illegal workplace practices by bosses are not rare occurrences. They happen to thousands of employees each day.
The good news is there are employment laws in place to protect you. Federal and state laws give employees the power to hold employers accountable for illegal practices.
The key is knowing your rights. Recognizing when your rights are violated. Then taking action.
Your boss may have authority over your job, but not the law.
Wrapping Up The Essentials
Illegal workplace practices by bosses are a serious issue that affects thousands of employees each day. By understanding what illegal workplace practices are and how to spot them, you can protect your rights and take action against them.
Discrimination and retaliation continue to be the biggest problems, with record-high discrimination charges and retaliation making up nearly half of all EEOC complaints.
Wage and hour violations are also a common issue that employees can take action against to recover stolen wages.
Wrongful termination is not always illegal, but often is. Employees can fight back against terminations that violate their legal rights.
If you suspect illegal activity, document everything, report internally, file with the appropriate agency, and consult an employment lawyer if needed.