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I got fired for reporting my boss to the FDA for selling to minors

 


I got fired for reporting my boss to the FDA for selling to minors

Thursday I reported my boss to the FDA for selling tobacco and nicotine products to minors, and today she sent me a text stating I was being let go for "conflicts of interest." I live in the southern USA, is there anything I can do about this short of contacting a lawyer? I made pretty much minimum wage and thus feel it would be a waste of money to hire a lawyer. I called corporate and told them about this and will be calling the FDA tomorrow. I don't have a lot of proof outside of my word verses hers, but there is the camera footage from the incident that caused me to report and some screenshots of a messenger groupchat informing us the tobacco board was out and to not sell to minors that work for the state.

Edit: yall I did check out the ATF and it said to go through the FDA It's a pretty largish chain, about 45 locations. And this report wasn't just because she sold to one minor, it was a ridiculous amount of kids.

This is what I sent to the FDA:

(Boss), the manager at (store) in (town) took a 17-18 year Olds card and used them to buy nicotine pods, then went outside where the cameras couldn't see her to give them to the minor. This is far from the first time she has sold to minors, she often sells to her underaged children and their friends, and encourages her employees to do the same. This instance is one of the few cases where she has exited the view of the cameras, most often it is done at the register. At least one minor purchases tobacco/nicotine a day, though on most days, it is far more often. This particular instance occurred at around 3:35PM on March 6th, 2025. There are often minors coming in and stating "(boss) said to sell to me" and successfully completing a purchase of tobacco/nicotine. When (store) previously carried Delta 8/THC products they were also often sold to minors as young as 16. When there is a tobacco inspection coming up, (boss) informs all employees to ID everyone they don't know.


Jobadvisor:

This is a difficult situation, and, understandably, you're looking for solutions without immediately incurring legal fees. Here's a breakdown of your options and considerations, focusing on your specific circumstances:

1. Retaliation and Whistleblower Protection:

  • Federal Protection (Limited):
    • While the FDA does enforce regulations against sales to minors, direct federal whistleblower protection for reporting such violations is complex. General federal whistleblower laws often protect those reporting fraud against the government, but your case is primarily about regulatory violations.
    • However, if your employer receives federal funds or is involved in specific federal programs, there might be some protections.
  • State Protection:
    • Many states have whistleblower protection laws that might cover you. These laws vary significantly, so it's crucial to research your state's specific regulations. Some states protect employees who report illegal activities, even if those activities don't directly involve government fraud.   
    • Look up your state's labor laws and whistleblower protection statutes.
  • Retaliation:
    • Being fired for reporting illegal activity is a form of retaliation. This is generally illegal, but proving it can be challenging.   
    • Your documentation (text messages, screenshots, and the FDA report) is crucial.

2. Documentation and Evidence:

  • Camera Footage:
    • The camera footage is potentially vital. If possible, determine if the company retains footage and for how long. If you can obtain a copy (or at least confirm its existence), it strengthens your case.
    • Even if you can't get the footage, noting the time and date of the incident in your records is important.
  • Screenshots:
    • The screenshots of the group chat are excellent evidence. Preserve them carefully.
  • FDA Report:
    • Keep a copy of your FDA report and any confirmation you receive.
  • Detailed Records:
    • Create a detailed timeline of events, including dates, times, and specific instances of sales to minors.
    • Write down the names and contact information of any witnesses (other employees or customers).
    • Keep copies of all communication with your employer, including the termination text.

3. Actions You Can Take:

  • Contact Your State's Labor Department:
    • Your state's labor department or workforce commission handles employment-related issues. They can provide information about your rights and may be able to investigate your retaliation claim.   
    • They can also inform you about your state's whistleblower protection laws.
  • File a Complaint with the FDA:
    • Follow up with the FDA as you planned. Provide them with any additional information you have.
    • Continue to document any and all contact with the FDA.
  • Contact Corporate Again:
    • Document the time, date, and person you speak with at corporate.
    • Reiterate that you were fired for reporting illegal activity.
    • Request that they investigate the matter.
  • Consider a Demand Letter:
    • While you might be hesitant to hire a lawyer, you could explore having a lawyer draft a demand letter. This is often less expensive than full legal representation and can sometimes prompt a settlement.
  • Unemployment Benefits:
    • File for unemployment benefits immediately. Being fired for reporting illegal activity should not disqualify you.
  • Consult With a Lawyer (Free Consultations):
    • Many employment lawyers offer free initial consultations. This can help you understand your options and assess the strength of your case without immediate cost.   
    • Even if you don't hire a lawyer, a consultation can provide valuable guidance.

Key Considerations:

  • "Conflicts of Interest":
    • Your employer's stated reason for termination ("conflicts of interest") is likely a pretext. Retaliation for reporting illegal activity is the real issue.
  • Proof:
    • While you have some evidence, gathering as much as possible is crucial.
    • The camera footage is the key to proving that the event did happen.
  • State Laws:
    • Your state's laws will significantly impact your rights and options.

In summary: prioritize contacting your state's labor department and following up with the FDA. Document everything, and consider a free consultation with an employment lawyer.

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