Whistleblower Retaliation Protections in New York

If you blow the whistle on unlawful activity at work, you’re likely protected by New York state and federal anti-retaliation laws. Employers can and certainly do fire whistleblowers, but this doesn’t mean it’s legal. Experienced whistleblower protection lawyer Peter Katz can help eligible whistleblowers in New York obtain reinstatement, if desired, plus double back pay with interest and special damages.

Overview of Federal Whistleblower Protections

Dodd-Frank, the Consumer Protection Act, the False Claims Act, and various industry-specific regulations all contain anti-retaliation provisions. The specific protections and remedies afforded to whistleblowers in New York depend on the law applicable to your case. However, most federal and state whistleblower laws contain similar anti-retaliation provisions.

Prohibited Adverse Employment Actions

New York employers –including supervisors– cannot take the following adverse employment actions against qualified whistleblowers:

• Firing
• Demoting
• Discriminating
• Suspending
• Harassing
• Abusing

Additionally, employers cannot create a hostile work environment that leads to constructive termination (forced resignation).

Qualifying Conduct

Employers are only prohibited from taking adverse action against you as a result of qualified whistleblower activities. This includes exposing unlawful conduct to supervisors, reporting legal concerns to law enforcement or regulators, threatening to expose illegal conduct, filing a whistleblower lawsuit, or participating in a qualifying investigation. Provided you engaged in good faith qualifying conduct, an experienced anti-retaliation lawyer in New York can help you demand damages if you’re fired.

Damages Available to Fired Whistleblowers in New York

Federal and state whistleblower laws include anti-retaliation protections primarily because employers commonly discriminate against whistleblowers. Although most organizations will not immediately fire complaining employees, they commonly engage in a course of unlawful conduct designed to make you so uncomfortable that you’re forced to resign. Whether you’re directly retaliated against or constructively terminated, an experienced whistleblower protection attorney can help you recover the following relief: 

• Reinstatement: Many whistleblower investigations result in corporate overhaul. If you want to return to your previous position, the law permits the court to order your full reinstatement.
• Double Back Pay: To discourage retaliation, some whistleblower protection laws, such as the False Claims Act, permit you to recover twice your back pay.
• Interest: In addition to double back pay, you can claim interest on the missed pay itself.
• Pain and Suffering: You can demand special damages for the emotional pain and stress associated with the discrimination.
• Punitive Damages: If the employer fired you to cover up unlawful conduct or engaged in extreme workplace harassment, you can also demand additional punitive damages.
• Attorneys’ Fees and Litigation Costs: Additionally, you can obtain these damages without paying any out-of-pocket fees or costs.

Most reputable whistleblower protection lawyers in New York can help you obtain these damages on a contingency fee basis. This means they only get paid if they recover needed attorneys’ fees during the litigation.

Your Trusted New York Whistleblower Protection Lawyer 

Whether you want to discuss your rights before blowing the whistle or have suffered an adverse employment action at work, contact experienced NY anti-retaliation attorney Peter Katz. Call (609) 849-3179 or contact us online for free if you were fired for whistleblowing.