Whistleblowers are crucial in exposing illegal conduct in companies. Without whistleblowers, many organizations would still continue to engage in illicit behavior thus harming the public or even our government. Whistleblowers are critical informants who shed light on wrongdoings, but it is not easy to come forward. Many whistleblowers worry that if they reveal certain information their employers will retaliate. However, several instances of state and also federal law safeguard whistleblowers from their employers. Reach out today to learn more about how a whistleblower protection lawsuit can help you.
Our law firm is currently handling claims on behalf of whistleblowers under New York whistleblower statutes. New York law protects employees who report violations of law that may cause damage to public health or safety. Most states regard employment as “at-will.” Yet, the statute prohibits employers from engaging in retaliatory action when an employee has disclosed a practice that constitutes unlawful or improper conduct.
Whistleblower laws seek to protect private employees, public employees, and healthcare workers exposed to retaliation after acting as whistleblowers. For example, New York Labor Law §740 prohibits employers from discharging, suspending, or demoting any employee who:
Section 740 applies only when there is an actual violation of law that triggers retaliation from the employer.
New York Labor Law §741 protects individuals who “actually supply health care services” and disclose violations regarding “improper quality of patient care.” This includes any practice or omission that violates a law or regulation which causes a significant danger to public health or safety or creates a substantial threat to a specific patient. Furthermore, the §741 statute protects health care employees so long as they act in good faith and have a reasonable belief that the employer is engaging in improper quality of patient care.
In October 2021, Senate Bill S4394A was signed into law and will become effective on January 26, 2022. The bill enacts significant amendments to Labor Law §740 that broaden its provisions for private sector employees. These include expanding the key definitions of “law” and “retaliatory action” and increasing the statute of limitations from one to two years.
Most notably, the amended law enacts a “reasonable belief” standard in lieu of the dual prerequisites in the original statute. Potential whistleblowers must now demonstrate either that they reasonably believed that the employer’s actions violated a law OR that the violation presented a specific and serious threat to public health or safety.
In a civil lawsuit for retaliatory action, you may be entitled to:
The Lake Law Firm was founded by Edward J. Lake, Esq., a personal injury lawyer for over 25 years. Our dedicated team of attorneys is committed to seeking justice on behalf of those who have suffered injury or death due to the negligence of others. Our experienced attorneys handle many different types of pharmaceutical drugs, medical devices, and other defective products. The lawyers in our firm have helped collect millions of dollars for their clients. The Lake Law Firm will advocate for you and your rights. Please contact us for a free confidential case evaluation at (888) 274-0139 or submit an inquiry on this page.
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