New York Whistleblower Laws

By: Michael J. Borrelli, Attorney
September 22, 2008

According to the New York Whisleblower Laws, a whistleblower is an employee who "tells" on an employer, because he or she is reasonably sure that the employer committed an illegal act. A whistleblower may uncover financial fraud, health mistreatment, environmental violations, or anything else that is against public policy or law.

Federal acts and statutes protect a whistleblower by shielding employees from retaliation for reporting the illegal acts of employers. An employer can't legally retaliate against a whistleblower. Actions such as firing, demoting, suspending or harassing the whistleblower are considered to be illegal and are subject to prosecution. If an employer retaliates, New York Whistleblower Laws might entitle the employee to file a charge with a government institution or to sue the employer.

Typically, to come under whistleblower protection, an employee must report an employer's alleged violation of a Federal law to the proper authority. It can be the government or a law-enforcement agency.

Collectively, the provisions that shield whistleblowers are called whistle blower protections or New York whistleblower laws. It is important to note that an employee might not be entitled to federal protection for only reporting an illegal act to the company itself. However, the employee might be protected from retaliation by other laws or public policy. For instance, if an employee writes a complaint about sexual harassment to the company's Human Resources department, he or she is already protected by Title VII of the Civil Rights Act.

Even if it appears that an employer didn't actually break any law, an employee is still entitled to whistleblower protection from retaliation, if he or she had good reason to believe that the employer committed an illegal act.

It takes a great courage to stand up for what is right and just. People who blow the whistle on a company’s misconduct should be applauded and praised, not punished.

In New York, a whistleblower is cautioned to not delay investigation of their possible legal remedies, because of time limits. Some federal whistleblower statutes of limitations are just 30 days from the date of the alleged retaliation. A retaliation claim must be brought to the attention of the appropriate federal government official within this the stated time period; or it cannot be pursued further. The statute of limitations in New York whistleblower cases is often different  It is crucial to pursue whistleblower cases as soon as possible.

Attorneys specializing in New York whistleblower laws can protect your interests and your reputation. They are eager to review your evidence and give you a piece of advice. If you have a case our New York whistleblower attorneys will investigate your claims and help in the preparation of all the supporting documents. Don’t hesitate to contact The Law Office of Borrelli and Associates right now.