Whistleblower Attorney in New York City

Advancing the Rights of Employees in New York, New Jersey, Pennsylvania, and Florida

You can get whistleblower protection under several different laws, including the Dodd-Frank Act, the Sarbanes-Oxley Act, or the False Claims Act. Sometimes you may have a claim under more than one law. Depending on the circumstances, you may have different remedies through the SEC bounty program or the CFTC bounty program. If you are concerned about disclosing apparent wrongdoing by a New York employer, the New York City whistleblower lawyers at Phillips & Associates may be able to help.

For experienced guidance, turn to a skilled New York whistleblower attorney at Phillips & Associates, PLLC. Contact us or call (866) 229-9441 to secure a free consultation.

Understanding Whistleblower Protections in New York

Protection for Whistleblowers Disclosing Employer Misconduct

Employees who blow the whistle on their employers' wrongdoing may have protection, depending on the laws that potentially apply. The goal of these laws is to encourage employees to stop, report, or testify about illegal acts by employers, such as violations of securities regulations or making false claims.

Whistleblower protections are critical not only for safeguarding employees but also for maintaining a fair and transparent workplace environment. These protections ensure that employees can report misconduct without fear of losing their jobs or facing other forms of retaliation. Employees are often positioned to witness wrongdoings that could have significant legal and ethical implications for the company, its stakeholders, and the general public. By speaking out, they play an essential role in upholding compliance with laws and ethical standards.

Each law defines which whistleblower activity is protected and to what extent. For example, Sarbanes-Oxley may protect your whistleblowing if you work for a publicly traded company, and you provide information to the SEC and certain other authorities about SEC regulatory violations or federal law violations that constitute fraud against corporate shareholders. For another example, under the False Claims Act, you may be able to file a sealed and initially confidential qui tam action under the False Claims Act if you have evidence that your employer is committing fraud against federal programs or contracts. It can be important to consult a whistleblower attorney in New York City to make sure that you comply with the legal requirements when filing a report.

Taking Action Against Retaliation with Our New York Whistleblower Lawyers

Often, these laws prohibit employer retaliation against whistleblowers, and you may have the right to sue if your employer retaliates against you in violation of the law. In many instances, there is a brief window of time within which to pursue a retaliation claim, so it is important to consult an attorney as soon as you believe that you are being subjected to retaliation. It can be a good idea to consult an employment law attorney at our firm even before providing information to a governmental authority.

Retaliation can manifest in numerous ways, beyond obvious termination or demotion. It may include subtle actions such as poor performance reviews, exclusion from key meetings, changes to job duties, or other indirect pressures that can make the workplace environment hostile or untenable. By understanding the full spectrum of what constitutes retaliation, employees can more effectively document and report inappropriate behaviors by employers. Legal guidance from a whistleblower lawyer in New York can help employees build a strong case by gathering essential evidence and timeline details that demonstrate the retaliatory nature of employer actions.

What Do I Need To Prove In My Whistleblower Claim?

Most whistleblower claims require you to show that you are an employee or person otherwise covered by the whistleblower statute on which you are relying, the defendant is an employer or person who is covered under the whistleblower statute, you engaged in protected activity as a whistleblower, the defendant knew or had knowledge that you engaged in whistleblowing, the defendant retaliated against you at least partly because you engaged in protected activity, and you were terminated or adversely treated about a term or condition of employment.

How A Whistleblower Attorney Can Help

Your New York City whistleblower attorney may be able to show that the discharge or other adverse action constituted retaliation based on evidence such as the employer's hostile approach to your protected activity, its knowledge of your protected activity, the nature of your protected activity, prior good performance reports, the timing of the discharge or threats, and retaliation against other employees who acted similarly. One of the strongest signs of retaliation is if you had very good performance reports before engaging in the protected activity but received poor performance reports afterward.

Timing is also critical. If you were fired shortly after your employer learned that you reported a securities violation to the SEC under Dodd-Frank, this may be retaliation. Similarly, if you provide a tip about a pump-and-dump scheme to the CFTC or a securities violation to the SEC, so your employer comes under investigation for it and learns that you gave the tip, and then you are terminated, this may be retaliation.

• Learn more: Components of Whistleblower Protection Claims

Contact a Knowledgeable Whistleblower Lawyer in New York City

It is important to retain an experienced attorney if you are planning to report your employer to the authorities. If you are concerned about a whistleblower protection claim in a New York workplace, you should consult an employment litigator. Contact Phillips & Associates at (866) 229-9441 or through our online form for a free consultation. We handle employment litigation in the boroughs of the Bronx, Queens, Brooklyn, and Manhattan; the counties of Westchester, Nassau, and Suffolk; as well as New Jersey, Connecticut, and Pennsylvania.

Speak with a trusted whistleblower attorney in New York today. Call (866) 229-9441 or complete our online form to get started with your legal needs.

New Protections for COVID-Related Whistleblowing in New York

In October of 2021, New York Governor Kathy Hochul signed amendments to the whistleblower law that expanded protections. Whistleblower complaints have skyrocketed due to COVID-19 and the Delta and Omicron variants. The amendments take account of these recent changes to public health and safety. Among other things, the new provisions protect you from retaliation when you are an employee who reports your employer's dangerous business activities or operations when they violate COVID protocols. If you believe your employer has retaliated or is going to retaliate against you because you have reported their breach of COVID protocols or are planning to do so, call the New York City whistleblower attorneys of Phillips & Associates. With a track record of success and many wins on behalf of workers against businesses of all sizes, we are well-positioned to represent clients in every industry.

COVID Protocols and Whistleblower Protections

The expansion of whistleblower protection is important for employees who report violations of COVID protocols. In the past, Labor Law section 740 only protected you from retaliation if you complained about an actual legal violation and it posed a substantial and particular danger to public health and safety. Additionally, employees needed to provide a reasonable chance to correct a violation before they reported misconduct to an investigative agency. This meant, for example, a restaurant server who voiced on social media a general complaint about an employer's failure to enforce the requirement that diners and servers show proof of vaccination or mask up would not necessarily have had protection against retaliation prior to the amendments.

The COVID-19 pandemic has significantly altered workplace dynamics, leading to heightened awareness and enforcement of safety protocols. Employers and employees alike must adapt to rapidly changing guidelines, which are often based on evolving scientific insights. Employees reporting infractions play a critical role in public health, ensuring that workplaces adhere to safety standards designed to minimize virus transmission. Whistleblower protections under the expanded laws act as crucial safeguards, giving employees the confidence to report without fear of job loss or retribution.

Furthermore, before the amendments, you had to give your employer a chance to correct a dangerous situation to receive protection. This made it more difficult to decide to report for those workers who noticed COVID protocol violations in their workplaces. The amendments recognize that COVID is highly contagious and more expedient reporting could be important to prevent the spread of COVID.

Under the amendment, it is enough to have a reasonable belief that your employer has violated COVID protocols. The violation you report doesn’t need to be a law, regulation, or rule that is set out in advance and you are not penalized if you, in good faith, misapprehended how the law applies to the facts. You have protection against retaliation so long as the violation of protocol presented a substantial and specific danger to public health and safety, even when the court finds it was not an actual legal violation, so long as your belief was reasonable. This expansion of what employees are protected from is especially critical during COVID-19 when scientific knowledge and the rules intended to address them shift quickly in a short span of time. A layperson should not be expected to understand precisely how the court will interpret changing laws, rules, and regulations related to COVID protocols, but instead may need to act quickly.

Who Is Protected Under New York Whistleblower Laws?

The amendments expand who is protected from retaliation as well. Our New York City whistleblower attorneys may be able to seek protection on your behalf even if you are reporting your former employer's COVID protocol violation or if you are an independent contractor reporting a company's violation. You are protected against retaliation even if you are not the whistleblower, but you give information about a COVID protocol violation to a public body that is investigating the protocol violation. You also have protection if you refuse to participate in a protocol violation. For example, you should be protected from retaliation if your employer doesn't want workers to wear a mask because it's not customer-friendly, but you refuse to come to work without wearing a mask.

The breadth of whistleblower protection under recent amendments ensures that a wider range of individuals are covered. Whether you’re a direct employee, an independent contractor, or someone supporting a report, the law now offers robust defenses against retaliation. Additionally, by covering those who refuse to engage in unsafe practices or report violations, these provisions reflect an understanding of modern workforce realities where multiple employment arrangements coexist. This wide-ranging protection ensures that anyone acting in the interest of public safety receives the necessary legal shield.

What Constitutes Retaliation for Whistleblowers in New York City?

There has also been an expansion of what constitutes retaliation for purposes of seeking a remedy. Prior to the amendments, retaliation was defined in a more limited way as termination, suspension, or demotion of an employee, or another adverse employment action taken in the terms and conditions of employment. However, the definition now includes any adverse action taken by an employer to terminate, penalize, threaten, or otherwise discriminate against you because you exercise your whistleblowing rights. It can include any action that adversely affects your current job, as well as any future job. So, for example, if a company tried to blackball you from the industry by sending messages to other prospective employers because you reported a COVID protocol violation, you would be as protected as if you were terminated or otherwise faced an adverse decision while working for the company as an employee. This brings the law in line with other protections against retaliation under New York City, New York State, and federal laws.

Connect with an experienced whistleblower lawyer near you in New York as soon as possible. Dial (866) 229-9441 or submit an online form.

Frequently Asked Questions About Whistleblower Protections

What Steps Should I Take If I Witness Workplace Misconduct?

If you witness misconduct in your workplace, it is crucial to document everything meticulously. Start by recording dates, times, locations, and any involved parties. Keep copies of any relevant emails, memos, or other documents. Avoid discussing the matter openly with colleagues to prevent potential bias or retaliation. Consulting a whistleblower attorney early on can provide guidance on the best approach to take and ensure you are well-prepared to present a coherent report to authorities if needed.

How Can a Whistleblower Attorney Support My Case in New York?

A whistleblower attorney can offer invaluable support by helping you navigate the complex legal landscape surrounding whistleblower claims. They can assist in evaluating the validity of your claims, guide you through the reporting process to ensure compliance with applicable laws, and protect your rights against retaliation. Additionally, they can help negotiate any settlements or provide representation if the case proceeds to court. Their expertise is crucial in advocating for your interests and seeking the best possible outcome.

What Protections Are Available Under New York's Whistleblower Laws?

New York offers extensive protections for whistleblowers, designed to shield employees from retaliation when they report illegal activities. These protections cover a wide range of scenarios, including reporting violations related to environmental laws, public health, and safety concerns. Amendments to existing laws have further expanded these rights, offering more robust defenses against retaliation and providing avenues for legal recourse if an employer takes adverse action against a whistleblower.

What Are Common Forms of Employer Retaliation in New York City?

Employer retaliation can take many forms, often subtly designed to undermine an employee's position. Beyond termination, retaliation can include demotion, denial of promotions, reduction in pay, unfavorable shifts, or exclusion from critical projects. More insidiously, it can manifest as workplace bullying, increased scrutiny of work, or isolation from team activities. Recognizing these signs is essential for building a comprehensive retaliation claim, and legal counsel can be vital in documenting and addressing these issues.

Why Should I Consult a Lawyer Before Reporting Misconduct in New York?

Consulting a lawyer before reporting misconduct at work can provide strategic advantages. Legal counsel can help you assess the situation objectively, ensuring that your actions are protected under relevant whistleblower statutes. They can advise you on the best documentation practices and assist in preparing any reports or claims. By consulting a lawyer early, you can mitigate potential fallout and ensure that your case is built on solid legal ground.

Hire Seasoned Employment Lawyers for Whistleblowers in New York

If you were harmed by a COVID protocol violation, you should discuss your situation with a lawyer who stays at the forefront of employment law cases and understands the full scope and nuances of the laws that protect you as an employee. The seasoned New York City employment discrimination attorneys of Phillips & Associates may be able to help you. We fight for workers in Brooklyn, Manhattan, Queens, Staten Island, the Bronx, Nassau County, or Suffolk County. Call us at (866) 229-9441 or complete our online form.

Phillips & Associates, PLLC is ready to help you. Get in touch via online form or call (866) 229-9441. Your initial consultation is free of charge.