The whistleblower retaliation laws in New York are very complex, but the attorneys of Risman & Risman, P.C. are here to break down the complexity and let you know if they apply to your particular situation. Being an employee in New York, your goal is to be productive, a benefit to your employer, and you want to do what is best for the company or individual you work for. However, if you are cognizant of any criminal activity, fraud, or misrepresentation your employer is engaging in against the government or the public at large, you should report it. In these cases, you may be deemed a “whistleblower.” Our New York whistleblower attorneys are ready to fight and protect you from employer retaliation based in your involvement in “whistleblower” activities.
Types of Whistleblower Retaliation Protections
Under the False Claims Act a person can, in a private lawsuit called a “qui tam” action, sue his or her employer in violation of a government regulation. This person may be rewarded for exposing the wrongdoing by getting a percentage of any amounts recovered in the lawsuit, including attorney fees.
The New York attorneys of Risman & Risman, P.C. have a long history in pursuing all types of whistleblower actions against the employer, company or individual committing fraud in violation of government procedures.
The violation against the government must be substantial in nature. Usually this means criminal or fraudulent action including, but not limited to:
- Misuse of government stimulus money
- Protection Against Employer Retaliation
- Fraud or abuse of government programs such as Medicare/Medicaid, student aid and housing subsidies
- Tax fraud including failure to report income or false deductions/credits
- Any scheme to defraud or steal from the government
- False marketing/advertising practices
- Public health or safety violations such as workplace safety
Additionally, it is illegal in New York for an employer to retaliate against an employee for reporting a violation of a law, rule or regulation which creates a danger to public health or safety under the New York State Labor Law. Employees who disclose, threaten to disclose, testify in a hearing or refuse to participate in the illegal activity may not be retaliated against. Retaliation includes discharge, suspension, demotion or other adverse employment actions that are taken against an employee. In addition, Section 741 of the New York State Labor Law also prohibits employers from retaliating against health care employees who report improper patient care.
While reporting significant wrongdoings by your employer is the just thing to do, your employer will likely feel otherwise. If you are fired as a result of a “whistleblower” action, you may have a claim for wrongful termination.
Contact a Seasoned and Qualified Whistleblower Retaliation Attorney
The whistleblower retaliation attorneys of Risman & Risman, P.C. are eager to help and discuss your concerns with you. There is no charge for the consultation. Please feel free to call us at (212) 233-6400 or contact us online.