Whistleblower retaliation laws in New York are complex. The attorneys at Risman & Risman, P.C. explain your rights and determine which protections apply to your situation. When you discover fraud, criminal conduct, or practices that endanger the public, reporting that misconduct can make you a whistleblower. Unfortunately, some employers retaliate against those who speak up. Our New York whistleblower attorneys protect employees who report misconduct and pursue remedies when retaliation occurs.

Federal False Claims Act (FCA)

Private individuals, called relators, may file qui tam lawsuits on behalf of the government to recover money paid because of fraud on federal programs. The FCA also protects employees, contractors, and agents from retaliation for efforts to stop such fraud. Successful relators may receive a share of the recovery.

New York Labor Law § 740

Broad private-sector whistleblower protection covering employees, former employees, and independent contractors who disclose, threaten to disclose, provide information to a public body, or refuse to participate in conduct they reasonably believe violates a law, rule, or regulation, or poses a substantial and specific danger to public health or safety.

New York False Claims Act & NYC False Claims Act

State and city analogs to the FCA, including qui tam actions and anti-retaliation protections. The New York version uniquely allows certain tax-fraud cases against large violators. The NYC version provides similar qui tam and anti-retaliation remedies when City funds are involved.

Additional Protections

New York Labor Law § 741 provides additional protection for health care employees who report improper patient care. Civil Service Law § 75-b protects public employees who disclose illegal government activity.

Common categories of whistleblower claims include fraud or abuse of federal, state, or city programs (Medicare, Medicaid, student aid, housing subsidies); misuse of government funds including stimulus or grant money; tax fraud under the New York False Claims Act; false marketing or deceptive practices affecting the public; and workplace safety or improper quality of patient care in health settings.

Retaliation can include termination, suspension, demotion, pay cuts, blacklisting, threats, or other actions that harm current or future employment. Available relief can include injunctions, reinstatement or front pay, back pay and lost benefits, attorneys’ fees and costs, civil penalties, and punitive damages for willful or malicious violations.

Before reporting externally, consult counsel about notice requirements and strategy. In most New York Labor Law § 740 cases, protection for disclosures to a public body requires a good-faith effort to notify a supervisor and give a reasonable opportunity to correct the issue, unless exceptions apply (such as imminent danger, risk of evidence destruction, or risk to minors).

Labor Law § 740 claims have a two-year limitations period from the retaliatory act. Federal FCA retaliation claims generally have three years. Employers must post a state-issued notice of § 740 rights in accessible, well-lit areas.