Employer retaliation against workers who engage in legitimately permitted, required, or desirable activities such as whistleblowing is unlawful under numerous statutes and case law. Many of these fundamental concepts of retaliation legislation are well-known as there have been some high-profile international whistleblowers in the news.
Whistleblower laws apply to both public and private sector employers. Federal whistleblower protections apply to public-sector employers through a variety of federal legislation, including the Occupational Safety & Health Act (OSHA), the National Defense Authorization Act (NDAA), False Claims Act (FCA), and the Clean Air Act (CAA). In addition, state statutory and common law legislations apply to public sector employers.
Employees in the private sector are also protected by federal legislation that regulates employment or commercial activities, such as the Consumer Financial Protection Act. Whistleblowers are in fact encouraged to report any securities fraud transactions to the federal government via the Securities and Exchange Commission (SEC). These are just a few of the federal laws that protect whistleblowers.
New York state laws can be used to protect yourself from being retaliated against for reporting fraud or other misconduct as well. These state laws offer protections through the New York State Department of Labor (NYSDOL).
NYSDOL published the Notice of Employee Rights, Protections, and Obligations that prohibits retaliation in the Amendment to Section 740 of the New York Labor Law, which went into effect on January 26, 2022.
If you find yourself in a whistleblower situation and are worried about retaliation or are unsure of your rights, you can get help. Obtaining the services of a whistleblower lawyer is critical in helping you understand the intricacies of these laws and protecting your rights.
The expertise of a whistleblower attorney enables you to get the legal guidance you need to pursue your whistleblower retaliation claim and secure funds under incentive programs. Here is a summary of what you may anticipate from the services of a whistleblower lawyer:
New York whistleblower attorneys will start with a thorough examination of the evidence you have in support of retaliation claims. These lawyers have the expertise and experience to review whistleblower cases and advise if they think you could win. After looking over your case, they might say you need more documentation so that the evidence is stronger. Some lawyers may even advise you to internally report the incident or take other measures before filing a claim in court in certain circumstances.
Retaining a knowledgeable attorney can assist you in determining your rights in light of your specific scenario and laying out your next actions for seeking protection or obtaining compensation.
Should you choose to pursue your case, New York whistleblower lawyers will ensure that you submit the required papers with the appropriate bodies, allowing you to proceed with your claim without any legal limitations whatsoever.
Non-lawyers are often criticized for filing pleadings written poorly, inarticulately made, and/or begun without purpose. On the other hand, lawyers understand the unique ethical rules of conduct that must be followed while filing pleadings. This is essential for the overall success of your case.
A whistleblower lawyer will defend you before the court and in negotiations with opposing counsel. They will assist you in obtaining the best possible result for your case, such as financial compensation, restoration of your career, and other whistleblower rewards.
If you’ve been subject to whistleblower retaliation, the New York law firm of Levine & Blit, LLC can assist. At Levine & Blit, we understand how difficult it can be to stand up to wrongdoing, especially when you are facing retaliation from your employer. We are here to help you through every step of the process, from filing a complaint to going to court. Contact us online or call us at 212-967-3000 for a free case evaluation with our New York office.