iWhistleblower
Welcome to iWhistleblower. This is an informal resource for Apple employees who are considering filing employment & labor complaints, reporting crimes, &/or filing other whistleblower charges.
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"Nothing in the Business Conduct policy "should be interpreted as being restrictive of your right to speak freely about your wages, hours, or working conditions." - Apple |
Nothing on this website should be considered legal advice. If you are in need of legal advice, please contact your local bar association at: www.findlegalhelp.org
Internally, you can submit complaints to Business Conduct, Human Resources/People team, Employee Relations, etc. The internal Apple websites have guidance for submitting complaints / raising concerns internally. (Note: You can always submit a complaint to EEOC *before* you raise your EEOC-based concern internally).
Internally, you can submit complaints to Business Conduct, Human Resources/People team, Employee Relations, etc. The internal Apple websites have guidance for submitting complaints / raising concerns internally. (Note: You can always submit a complaint to EEOC *before* you raise your EEOC-based concern internally).
US Federal Labor & Employment Complaints
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U.S. Equal Employment Opportunity Commission (EEOC)
eeoc.gov Time Limit: 180 days "If you believe that you have been discriminated against at work because of your race, color, religion, sex, national origin, age, disability or genetic information, you can file a Charge of Discrimination. A charge of discrimination is a signed statement asserting that an employer, union or labor organization engaged in employment discrimination. It requests EEOC to take remedial action." File a charge: https://www.eeoc.gov/filing-charge-discrimination |
National Labor Relations Board (NLRB)
nlrb.gov Time Limit: Six Months "The National Labor Relations Act forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization for collective bargaining purposes, or from working together to improve terms and conditions of employment, or refraining from any such activity. Similarly, labor organizations may not restrain or coerce employees in the exercise of these rights." File a charge: https://apps.nlrb.gov/MyAccount/#/ChargeAndPetition/TermsConditions |
Employee Benefits Security Administration (EBSA)
https://www.dol.gov/agencies/ebsa/ "Complaints involving alleged violations of ERISA are handled by Benefit Advisors in our national and field offices. Those who file complaints with us can expect a prompt and courteous response from our staff. Every complaint received will be pursued and, if determined to be valid, resolution will be sought through informal dispute resolution." File a complaint: https://www.askebsa.dol.gov/WebIntake/Home.aspx |
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EEOC: ADA
ada.gov "You can file an (ADA) complaint alleging disability discrimination against ... a public accommodation (i.e. retail store)." File a complaint: https://www.ada.gov/filing_complaint.htm |
DOJ Civil Rights
https://civilrights.justice.gov "The Civil Rights Division enforces federal laws that protect you from discrimination based on your race, color, national origin, disability status, sex, religion, familial status, or loss of other constitutional rights." File a report: civilrights.justice.gov/report/ |
DOL Wage & Hour
https://www.dol.gov/agencies/whd/ Time Limit: Two Years "The U.S. Department of Labor's Wage and Hour Division (WHD) is responsible for administering and enforcing some of the nation's most important worker protection laws. WHD is committed to ensuring that workers in this country are paid properly and for all the hours they work, regardless of immigration status." File a complaint: https://www.dol.gov/agencies/whd/contact/complaints |
Whistleblower Retaliation Complaints
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US DOL
https://www.whistleblowers.gov "OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of more than 20 whistleblower statutes protecting employees from retaliation for reporting violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, securities, tax, antitrust, and anti-money laundering laws and for engaging in other related protected activities." Report issue: https://www.osha.gov/whistleblower/WBComplaint |
US SEC
sec.gov "Staff evaluate information and tips concerning violations of the federal securities laws. It is the general policy of the SEC to conduct its investigations on a confidential basis to preserve the integrity of its investigative process as well as to protect persons against whom unfounded charges may be made or where the SEC determines that enforcement action is not necessary or appropriate." Report issue: https://www.sec.gov/tcr |
State / Regional
Various Different states / regions likely have local processes for filing complaints. Search your local government websites to check. For example: California: https://www.dir.ca.gov/dlse/dlseRetaliation.html |
Regional Complaints
Different states / regions likely have local processes for filing complaints.
Search your local government websites to check. For example:
California:
Texas:
Search your local government websites to check. For example:
California:
- https://www.dfeh.ca.gov
- https://www.dir.ca.gov/dlse/HowToReportViolationtoBOFE.htm
- https://www.dir.ca.gov/dosh/DistrictOffices.htm
Texas:
- https://www.twc.texas.gov/
What is Retaliation?
"Retaliation occurs when an employer (through a manager, supervisor, or administrator) fires an employee or takes any other type of adverse action against an employee for engaging in protected activity." -whistleblowers.gov
What is an Adverse Employment Action?
"An adverse action is an action which would dissuade a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity. Retaliation harms individual employees and can have a negative impact on overall employee morale. Because an adverse action can be subtle, such as excluding employees from important meetings, it may not always be easy to recognize.
Adverse actions may include actions such as:
What is an Adverse Employment Action?
"An adverse action is an action which would dissuade a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity. Retaliation harms individual employees and can have a negative impact on overall employee morale. Because an adverse action can be subtle, such as excluding employees from important meetings, it may not always be easy to recognize.
Adverse actions may include actions such as:
- Firing or laying off
- Demoting
- Denying overtime or promotion
- Disciplining
- Denying benefits
- Failing to hire or rehire
- Intimidation or harassment
- Making threats
- Reassignment to a less desirable position or actions affecting prospects for promotion (such as excluding an employee from training meetings)
- Reducing or changing pay or hours
- More subtle actions, such as isolating, ostracizing, mocking, or falsely accusing the employee of poor performance
- Blacklisting (intentionally interfering with an employee’s ability to obtain future employment)
- Constructive discharge (quitting when an employer makes working conditions intolerable due to the employee's protected activity)
- Reporting or threatening to report an employee to the police or immigration authorities."
Report Crimes
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USA Gov
usa.gov "To report criminal activity, contact your local police or sheriff's department first. They can determine if a report of criminal activity needs attention. If this is an emergency, call 911." Report a crime: https://www.usa.gov/report-crime |
FBI
fbi.gov "This form is used to report federal crimes and submit tips regarding terrorist activity. If you are reporting Internet-based fraud, please submit a tip to IC3.gov." Report a tip: https://tips.fbi.gov |
DOJ CCIPS
justice.gov/criminal-ccips "Internet-related crime, like any other crime, should be reported to appropriate law enforcement investigative authorities at the local, state, federal, or international levels, depending on the scope of the crime. Citizens who are aware of federal crimes should report them to local offices of federal law enforcement." Report: https://www.justice.gov/criminal-ccips/reporting-computer-internet-related-or-intellectual-property-crime |
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DOJ Antitrust
justice.gov/atr "Many consumers have never heard of antitrust laws, but enforcement of these laws saves consumers millions and even billions of dollars a year. The Federal Government enforces three major Federal antitrust laws, and most states also have their own. Essentially, these laws prohibit business practices that unreasonably deprive consumers of the benefits of competition, resulting in higher prices for products and services." Report concern: www.justice.gov/atr/citizen-complaint-center |
Major U.S. Cases
NLRB Complaints (2022)
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Retail Bag Searches: Frlekin v Apple (2020)
- Hours Worked, California Code Regs. Title 8, § 11070
- Frlekin v. Apple Inc. 8 Cal.5th 1038 (2020)
- View the decision here & here
- Damages: $30,400,000
California Wage & Hour Class Action: Felczer v Apple (2016)
- California Labor Codes § 226.7, § 201-203, § 226, § 1174-1175; BPC § 17200
- Felczer v. Apple Inc., No. 37-2011-00102593, Cal. Super. Ct. (special verdict form filed on Dec. 9, 2016).
- View decision here & coverage here
- Damages: $2,000,000
Anti-Poaching & Pay Suppression: Hariharan v Adobe, Apple, et al (2015)
- Unfair Competition; Cartwright Act; Business & Professional Code §1660
- View Press Release here
- Damages: $415,000,000 (view article here)
Embezzlement Whistleblower: Banko v Apple (2013)
- Violation of Dodd-Frank Act; Wrongful Termination; Retaliation; Breach of Employment Contract; Breach of Implied Covenant of Good Faith & Fair Dealing
- View decision here & here
- Damages: Unknown Settlement
Anti-Poaching & Pay Suppression: DOJ v Apple Computer (2010)
- Antitrust: Anticompetitive Employee Solicitation Agreements
- View US DOJ Press Release here
Employment Discrimination: Patterson v Apple Computer (2005)
- Racal Discrimination; Harassment; Sexual Orientation Discrimination; Retaliation; Defamation; Invasion of Privacy; Wrongful Termination
- View Decision here & here
Labor News
2021+ Wave
- Unions
- #AppleToo: employees organize and allege harassment and discrimination, https://www.theguardian.com/technology/2021/sep/03/appletoo-apple-employees-organize-allege-harassment-discrimination
- Apple employee who led #AppleToo organizing effort says she was fired, https://www.cnn.com/2021/10/15/tech/apple-appletoo-organizer-janneke-parish/index.html
- Former Apple employee who claims she was fired for #AppleToo organizing files NLRB complaint, cnn.com/2021/11/03/tech/apple-appletoo-janneke-parrish-nlrb-complaint/index.html
2016 Censorship
- Apple investigated, took action against alleged sexism at Cupertino headquarters, https://appleinsider.com/articles/16/09/16/apple-investigated-took-action-against-sexism-at-cupertino-headquarters
- Apple responds to campus sexism allegations, says it has investigated & taken action, https://9to5mac.com/2016/09/17/apple-sexism-allegations-response/
- Apple says it has investigated recent allegations of sexism on campus and ‘actions have been taken’, https://www.vox.com/2016/9/16/12945114/apple-responds-sexism-allegations
2016 Wave
- Leaked Emails From Apple Employees Detail Workplace Sexism, https://www.refinery29.com/en-us/2016/09/123254/apple-sexism-employee-emails-sexual-harassment
- Leaked Apple emails reveal employees' complaints about sexist, toxic work environment, https://www.mic.com/articles/154169/leaked-apple-emails-reveal-employees-complaints-about-sexist-toxic-work-environment
- This is the 'Rape Joke' That's Rocking Apple, https://gizmodo.com/this-is-the-rape-joke-thats-rocking-apple-1786630339
- Apple’s diversity report is better than that of most tech companies — with one exception, https://www.vox.com/2016/8/7/12386404/apple-tech-diversity-report
Surveillance & Intimidation News
- Gizmodo: Apple Gestapo: How Apple Hunts Down Leaks, https://gizmodo.com/apple-gestapo-how-apple-hunts-down-leaks-5427058
- They'll squash you like a bug': how Silicon Valley keeps a lid on leakers, https://www.theguardian.com/technology/2018/mar/16/silicon-valley-internal-work-spying-surveillance-leakers
- Inside eBay’s Cockroach Cult: The Ghastly Story of a Stalking Scandal, https://www.nytimes.com/2020/09/26/technology/ebay-cockroaches-stalking-scandal.html
- How Walmart Keeps an Eye on Its Massive Workforce. The retail giant is Always watching. https://www.bloomberg.com/features/2015-walmart-union-surveillance/
- The One Lie That Brought Down Walmart's PR Chief, https://www.bloomberg.com/news/articles/2014-09-16/the-one-lie-that-brought-down-walmarts-pr-chief-i05pwap7
- Harvey Weinstein’s Army of Spies, https://www.newyorker.com/news/news-desk/harvey-weinsteins-army-of-spies
- Amazon Hired Pinkertons to Union Bust, https://podcasts.apple.com/us/podcast/amazon-hired-pinkertons-to-union-bust/id1441708044?i=1000501203329
- In Aftermath of Zoom Dick Fiasco, Believer Staffers Say, Bosses Used Public Records Law Against Them, https://www.vice.com/en/article/4av3xj/after-believer-zoom-dick-fiasco-unlv-workers-allege-public-records-intimidation
- Your boss is watching: How AI-powered surveillance rules the workplace, https://www.politico.eu/article/ai-workplace-surveillance-facial-recognition-software-gdpr-privacy/
Archive of prior page: https://web.archive.org/web/20221218210428/http://www.iwhistleblower.org/