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. Employees want to do their jobs well and act in the best interests of their employer. 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.

Whistleblower Protections Exist Under Federal, State, and Local Law:

• 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 Labor Law § 741. Additional protection for health care employees who report improper patient care or related safety concerns.

• New York False Claims Act (State Finance Law §§ 187–194). State analog to the FCA, including qui tam actions and anti-retaliation protections, and uniquely allowing certain tax-fraud cases against large violators.

• New York City False Claims Act. Similar qui tam and anti-retaliation remedies when City funds are involved.

• Civil Service Law § 75-b. Protects public employees who disclose illegal government activity.

Common categories include:

• Fraud or abuse of federal, state, or city programs, including Medicare or Medicaid, student aid, and housing subsidies.

• Misuse of government funds, including stimulus or grant money.

• Tax fraud by large violators under the New York False Claims Act, and other schemes to defraud government agencies.

• False marketing or deceptive practices affecting the public.

• Workplace safety, public health, or improper quality of patient care in health settings. Employees are protected when they disclose or threaten to disclose these activities to a supervisor or a public body, provide information to an investigation, or refuse to participate in unlawful practices, based on a reasonable belief that the conduct is illegal or dangerous.

Retaliation can include termination, suspension, demotion, pay cuts, blacklisting, threats, immigration-related 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, with a right to a jury trial in Labor Law § 740 cases. Federal FCA retaliation claims provide reinstatement, double back pay, and special damages, including fees and costs.

Practical Steps and Notice Nuances

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, risk to minors, physical harm, or when a supervisor already knows and will not correct. Health care whistleblowers under § 741 also have notice rules with emergency exceptions.

Deadlines. Labor Law § 740 claims have a two-year limitations period from the retaliatory act. FCA retaliation claims generally have three years.

Posting. Employers must post a state-issued notice of § 740 rights in accessible, well-lit areas.

Contact a Seasoned and Qualified Whistleblower Retaliation Attorney

Risman & Risman, P.C. protects employees who speak up about unlawful or dangerous practices. If you believe you were punished for reporting misconduct or refusing to participate in it, we are ready to help. We offer a free consultation. Please call (212) 233-6400 or contact us online.