Everyone has an obligation to follow the law, whether they are an employee or an employer. Yet, when an employee witnesses behavior within a company that violates the law, abuses authority, or poses a threat to public health or safety, they may feel their employment could be in jeopardy. That’s why it’s important to know how whistleblower protections apply to your situation. There’s no single New York whistleblower law. Rather, several different laws protect you depending on where you work.
In New York, Labor Law Section 740 protects private employees, Section 741 protects healthcare workers, and Civil Service Law Section 75-b protects public employees. If a supervisor punished you for speaking out, save evidence such as written notes and the contact information of witnesses. Then, reach out to an attorney, like Michelle Cimino, to ensure you file your retaliation claim within strict deadlines.
What Counts as Whistleblowing?
New York whistleblower laws protect people who engage in protected activities, such as reporting wrongdoing and/or refusing to participate in wrongdoing. Depending on the law and the facts, you may have the legal right to report the following conduct when you believe it poses a substantial and specific danger to public health or safety:
- illegal activity
- fraud
- safety violations
- regulatory violations
The act of refusing to take part in wrongdoing is also usually protected.
Labor Law Section 740: The Main New York Whistleblower Law
The main protection for private-sector employees is the New York Labor Law Section 740. This law prohibits retaliation against employees who disclose, threaten to disclose, or refuse to participate in unlawful conduct that poses a substantial and specific danger to public health or safety. The law protects workers who report concerns to a supervisor or a public body, or who participate in an investigation. It also shields those who refuse to participate in unlawful conduct.
The law protects employees against acts of retaliation, such as:
- firing
- suspension
- demotion
- discrimination
- other adverse actions affecting their employment
Moreover, this core New York whistleblower law protects current and former employees, as well as independent contractors.
Other Labor Laws That Protect New York Employees
While it’s common for people to describe “New York whistleblower law” as though it were a single law, the reality is that there are multiple laws beyond Labor Law Section 740.
Labor Law Section 741 protects healthcare employees who report or refuse to participate in conduct they reasonably believe constitutes improper quality of patient care, or conduct that violates a law, rule, or regulation and creates a substantial and specific danger to public health or safety.
Civil Service Law Section 75-b protects public employees who work for state or local government entities.
The bottom line is that, whether you’re a public or private employee or work in the healthcare sector, specific laws may protect you.
How To File a Retaliation Claim Under the New York Whistleblower Law
If a supervisor or other authority punished you for speaking out against wrongdoing, take action. Because labor laws are so complex, it’s best to work with an employment lawyer versed in New York law, like Michelle Cimino, as early in the process as possible.
She will explain which law applies based on the nature of your employment and the facts of the situation. She’ll also direct you on the most important evidence to save. This includes details about the report you made about the misconduct, as well as written notes, emails, and the contact information of witnesses. She will specifically direct you to keep proof that a supervisor or management received the complaint or learned you intended to report it.
Michelle will ensure that you file your claim within the two-year statute of limitations. If successful, you could be compensated for lost wages, lost benefits, reinstatement, front pay, and attorney’s fees. In some cases, you may also qualify for emotional distress damages, punitive damages, and a civil penalty.
It’s critical that you speak up when you see wrongdoing in the workplace. If you were penalized for doing so, Michelle Cimino is ready to support you and help rectify the situation so you can move forward.
Schedule a Confidential Consultation
The New York whistleblower law is better described as a series of laws. Which one applies depends on whether you work in the private or public sector or in healthcare. Regardless, they all work similarly to protect workers like you who choose to bravely speak out against wrongdoing. So if you were punished for speaking out, working with a New York whistleblower lawyer like Michelle Cimino can help you build a comprehensive retaliation claim.
Michelle Cimino has almost three decades of experience supporting employees who have experienced retaliation for whistleblowing. She wants to help you recover compensation you deserve under the law. Schedule a confidential consultation.
