New York has its own state law that protects “whistleblowers,” or persons who report the fraudulent conduct of an employer. It may be found in §740 of the New York Labor laws.
This law protects both public and private employees from retaliation by their employer for providing information regarding their employee’s illegal actions. For example, employers may not fire or otherwise take adverse action against informants.
Under New York Labor Law § 740, employers cannot retaliate against employees who:
- Report, disclose or threaten to disclose activities, policies or practices that violate laws or regulations that their employers engage in.
- Provide information to or testify about an employer for an investigation or hearing about a violation.
Are there any Limitations on the New York Whistleblower Law?
What are the Consequences if an Employer Violates New York Whistleblower Laws?
In addition, the court may impose penalties of up to $10,000 if they find that the health care employer acted in bad faith when retaliating. These fines will be placed in a New York quality of health care patient fund.
What Steps Should I Take If My Employer Retaliates Against Me?
You should also take the following actions:
- Make detailed accounts of any instances of misconduct by your employer. Include names, dates, and descriptions of their illegal or questionable practices
- Create similar accounts if the employee retaliated against you for making a report. For example, if you have lost wages, include your timesheet and wage levels.
- If you work in the health care industry, be prepared to explain why your employer’s actions did not conform to proper health care standards
Should I Contact a Lawyer if I have a Whistleblower Claim?
If you feel that you are involved in a whistleblower case in the state of New York, you may wish to contact a New York whistleblower lawyer early even before filing a report. An attorney can help you prepare your information and arguments.