Whistleblowers ought to be commended for their work, not retaliated against. Whistleblowers help keep companies and their executives in check by calling out any wrongdoing they see occurring in the workplace. Unfortunately, it’s not uncommon for an employee to “blow the whistle” on their employer and face retaliatory measures, such as wrongful termination, as a result. Fortunately, New York State, as well as federal law is on the side of whistleblowers, and any whistleblower who has been retaliated against in some way has rights. Contact a New York whistleblower defense lawyer from the Bell Law Group today to learn more about your whistleblower rights here in New York State.
Whistleblower Protection Lawyers Serving Clients in New York
Were you retaliated against simply for looking out for the greater good? Don’t face retaliation from an employer or supervisor on your own. Our New York employee rights lawyers have years of experience representing and fighting for whistleblowers here in New York, and he’s prepared to fight for you as well.
Whistleblower Rights Under Section 740 of the New York Labor Law
Section 740 of the New York Labor Law provides whistleblowers with a wide array of protections from retaliatory actions from their employers. First, if you either disclose or threaten to disclose information to a supervisor or a public body (such as executive branch departments of federal, state, and local governments) regarding your employer violating the law, company policy, or regulations, or you believe your employer is putting you or others in substantial and specific danger, you are free to do so under the law.
You should also note that you are free to report the aforementioned even if you are no longer a current employee of a given employer; both former and current employees can bring forth claims as whistleblowers without fear of retaliation at their present position or in future places of employment.
“Retaliatory Action” Defined
Here in New York State, “retaliatory action” on the part of an employer means that the employer cannot take action or threaten to take discriminatory action that would either adversely impact an employee or former employee either at their current position within the company or with a future company. Employers may also not contact immigration authorities if doing so would negatively impact a non-citizen employee.
Do I Have to Tell My Employer Before Filing a Claim?
If you notice wrongdoing or unethical activity in the workplace, you will have to make a “good faith effort” to notify your employer of the issue so he or she can have a chance to remedy it before you bring it before a public body. That said, if the issue is either an imminent or serious danger to public health or safety, you believe notifying your employer would put a minor in danger, you believe reporting the incident would cause you physical harm, or you believe the supervisor or employer is already aware of the wrongdoing and will not remedy the issue, you won’t have to notify a supervisor before bringing a claim. You also will not have to alert your employer or supervisor if you believe they would destroy evidence, should they discover you’re aware of the unethical or illegal conduct.
Statute of Limitations
Previously, the statute of limitations for bringing a claim as a whistleblower was one year, however, with the recently-amended law, you can now file a claim within two years.
Contact a Whistleblower Protection Lawyer Today
The bottom line is that if you were retaliated against or were even threatened with retaliation for acting as a whistleblower, our legal team is here to help attain the justice you deserve. Contact a whistleblower defense lawyer from Bell Law Group, PLLC today to schedule your initial consultation with our dedicated legal team.