How Are Whistleblowers Protected Under New York Law?

Speaking up about wrongdoing at work takes courage. Whistleblowers often face backlash for exposing illegal or unethical behavior. That’s why New York law includes several protections to support employees who report misconduct.

These laws exist to prevent retaliation and give workers a legal path to justice if their rights are violated.

What Is a Whistleblower?

A whistleblower is someone who reports illegal, dangerous, or fraudulent activity. In the workplace, this might involve health and safety violations, financial fraud, discrimination, or harassment. You don’t need to be the victim of the behavior to report it. Even witnessing misconduct can qualify.

What Laws Protect Whistleblowers in New York?

New York offers protection through both state and federal laws. One of the most important is the New York Labor Law § 740, also called the “whistleblower law.” It protects employees who disclose violations of law that present a danger to public health or safety.

A later amendment expanded this law significantly. Now, whistleblowers are protected when reporting any legal violation, not just those tied to public health or safety. It also covers retaliation, like firing, demotion, pay cuts, or other harmful actions taken in response to the report.

The law protects not only full-time employees but also independent contractors and former employees. You’re also protected if you refuse to participate in unlawful activities.

Federal protections may also apply.

For example, if you’re reporting discrimination or harassment, the Equal Employment Opportunity Commission (EEOC) may become involved. If the issue involves fraud against the government, the False Claims Act might apply.

Do You Have to Report Internally First?

In many cases, you’re allowed to report violations directly to a government agency. But under New York Labor Law, if you choose to report externally, you must first make a reasonable faith effort to report the issue to your employer, unless you believe the employer will not fix the issue or fear immediate harm from reporting internally.

What Counts as Retaliation?

Retaliation can take many forms. It’s not always as obvious as being fired. Other forms include:

• Being passed over for promotions
• Pay cuts or demotions
• Harassment or intimidation
• Negative performance reviews that aren’t justified
• Changes in work assignments meant to punish

If you can show that your employer took action against you because of your report, you may have a valid claim.

What Remedies Are Available?

If you’ve been retaliated against, you may be entitled to:

• Reinstatement to your job
• Back pay and lost benefits
• Legal fees and costs
• Emotional distress damages in some cases
• Civil penalties against the employer

The process usually starts by filing a complaint in court. In some cases, it might also involve an administrative complaint, depending on the law involved.

How Long Do You Have to File?

Time limits are strict. Under New York’s whistleblower law, you generally have two years from the retaliatory action to file a lawsuit. Other laws may have shorter deadlines. It’s best to speak with an employment attorney as soon as possible.

Talk to Someone Who Can Help

Whistleblower cases can be complex. You may face pressure, confusion, or fear of losing your job. But you don’t have to figure it out alone.

At Borrelli & Associates, P.L.L.C., we help employees understand their rights and take action when they’ve been mistreated. If you believe you’ve experienced retaliation or need help understanding your options regarding reporting wrongdoing by your employer, contact us today.