New York Whistleblower Retaliation Attorney

Retaliation against whistleblowers can include termination, demotion, pay cuts, denial of promotion, or harassment. It can also include more subtle actions like changing an employee's duties or shift, reducing hours, or giving negative performance reviews after a report is made. Both New York and federal laws prohibit employers from taking these actions. If an employee experiences retaliation, they may have legal grounds to file a claim for damages or other remedies.

How Can an Employee Prove Whistleblower Retaliation?

To prove whistleblower retaliation, an employee must show that they engaged in protected activity (e.g., reporting illegal activity), that they experienced an adverse employment action (e.g., termination), and that the adverse action was causally related to their report. 

Evidence such as emails, performance reviews, witness testimony, or a sudden change in treatment after reporting may help establish a case. Both New York Labor Law and federal laws require employers to justify adverse actions taken against employees. 

What Should Employees Do if They Face Retaliation After Whistleblowing?

Employees who face retaliation after whistleblowing should document any adverse actions and consult an employment lawyer. Under New York Labor Law and federal whistleblower laws, employees can file a claim seeking remedies such as reinstatement, back pay, and damages. Filing a complaint with the appropriate agency, e.g., the Occupational Safety and Health Administration (OSHA) or a state agency, can also be necessary. 

Can Whistleblower Retaliation Include Harassment?

Whistleblower retaliation can include harassment. Harassment can involve repeated negative comments, exclusion from important meetings, excessive scrutiny, or other hostile behavior. Both New York and federal laws protect employees from retaliatory harassment that occurs because of whistleblowing. 

Under New York Labor Law Section 740, employees can take legal action if they are harassed after reporting illegal or unethical practices. Harassment must be tied to the whistleblower's report to qualify as retaliation under the law.

What Legal Remedies are Available for Whistleblower Retaliation?

Legal remedies for whistleblower retaliation can include reinstatement to the employee's former position, back pay for lost wages, compensatory damages, and legal fees. In some cases, whistleblowers may also receive punitive damages if the employer’s actions were particularly egregious. These remedies are available to employees who successfully prove their retaliation claims. Filing a lawsuit or administrative claim is the first step to seeking these remedies, and an experienced employment attorney at Horn Wright, LLP, can guide you through the entire process.

How Can an Employee File a Whistleblower Claim in New York?

Employees in New York can file a whistleblower claim under New York Labor Law Section 740 by filing a lawsuit in state court, typically New York State Supreme Court. In reality, contacting an attorney is the wisest decision to make sure the entirety of your claim is protected.

The employee must demonstrate that they reported illegal activity or unsafe practices, and that the employer retaliated against them as a result. Federal employees or those reporting violations of federal laws may need to file claims with federal agencies such as OSHA. 

Where do Federal Whistleblower Claims Get Filed?

Federal whistleblower claims are usually filed with the Occupational Safety and Health Administration (OSHA) or another federal agency, depending on the type of violation. Take for instance claims related to financial fraud. Those would be filed with the Securities and Exchange Commission (SEC) under the Sarbanes-Oxley Act. After filing, the agency will investigate the claim, and the whistleblower may be entitled to remedies if retaliation is proven. Federal employees may also file claims with the Office of Special Counsel.

What Evidence is Needed to Support a Whistleblower Claim?

Evidence to support a whistleblower claim may include documentation of the illegal activity reported, records of the retaliation (e.g., termination notices), witness statements, performance reviews, and any communication showing that the employer’s actions were tied to the whistleblowing. New York Labor and federal whistleblower laws require employees to demonstrate that their report of illegal activity was the primary reason for the employer’s retaliation. 

Can Employees File Whistleblower Claims Anonymously?

In certain limited instances, an employee can file whistleblower claims anonymously. Take the federal False Claims Act as an example. That law allows whistleblowers to file a lawsuit under seal, protecting their identity. Employees who report violations to the Securities and Exchange Commission under the Dodd-Frank Act may do so anonymously through an attorney. In New York, anonymity can be limited in lawsuits filed under Labor Law Section 740. Employees should consult with an experienced attorney at Horn Wright, LLP, to develop the best course of action for maintaining anonymity.

What Happens During a Whistleblower Retaliation Investigation?

During a whistleblower retaliation investigation, an agency like OSHA or the state labor department will gather evidence from both the employer and employee. This can include reviewing documents, conducting interviews, and analyzing whether the employee’s whistleblowing was the cause of the retaliation. If the agency finds sufficient evidence, it may take action against the employer or allow the employee to proceed with a lawsuit. 

What Legal Options are Available if a Whistleblower is Fired?

If a whistleblower is fired, they can file a lawsuit under New York Labor Law Section 740 or the Whistleblower Protection Act. Legal remedies can include reinstatement, back pay, compensatory damages, and attorney’s fees. If federal laws apply, such as OSHA or the Sarbanes-Oxley Act, the employee may also be able to file claims with federal agencies. The employee should document all incidents of retaliation and immediately consult with an employment lawyer t.

What Happens if an Employer Settles a Whistleblower Claim?

If an employer settles a whistleblower claim, the terms of the settlement often include financial compensation for the employee, reinstatement, or other remedies. Settlement agreements typically require the employee to withdraw their claim and waive any rights to pursue further legal action related to the whistleblower report. The settlement process may be confidential, and both parties will negotiate the terms through their attorneys. 

Can an Employee Sue for Punitive Damages in a Whistleblower Case?

In some cases, an employee may sue for punitive damages in a whistleblower case. Punitive damages are awarded when the employer’s actions are particularly egregious or malicious. New York Labor Law 740 was recently amended to allow for uncapped punitive damages. Punitive damages are intended to punish the employer and deter future misconduct. 

What Does a Lawyer Do in a Whistleblower Case?

A lawyer in a whistleblower case provides legal guidance, helps gather evidence, and represents the employee in court or during settlement negotiations. The lawyer will review the facts of the case, ensure all deadlines are met, and help the employee file claims under the appropriate state or federal whistleblower laws. Lawyers also advocate for the employee’s rights and work to secure the best possible outcome, whether through litigation or settlement.

Fight Against Whistleblower Discrimination Today!

Don't let retaliation silence your voice. If you believe you have been discriminated against for reporting illegal or unethical behavior in the workplace, Horn Wright, LLP is here to help. Our New York attorneys are dedicated to protecting your rights in whistleblower claims and securing the justice you deserve.

Contact us today at (855) 465-4622 for a free case evaluation and let our New York whistleblower retaliation lawyers fight for you.