Whistleblower Protection Lawsuit Lawyer

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. While most employment is regarded as “at-will”, the statute prohibits employers from engaging in retaliatory action when an employee has disclosed a practice that constitutes unlawful or improper conduct.

New York Labor Law Whistleblower Provisions

New York whistleblower laws seek to protect private employees, public employees, and healthcare workers who may be exposed to retaliation after acting as whistleblowers. New York Labor Law §740 provides that an employer is prohibited from discharging, suspending, or demoting any employee who:

  • discloses or threatens to disclose information about an activity or practice of the employer that violates the law AND creates a significant danger to the public health or safety (provided that the employee has notified a supervisor of the unlawful activity and gave the employer an opportunity to remedy the situation);
  • shares information with a public entity conducting an investigation or hearing into said violation; or
  • refuses to engage in any such illegal activity or practice.

Section 740 applies only when the 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.  Under §741, health care employees are protected by the statute so long as they act in good faith and have a reasonable belief that the employer is engaged in improper quality of patient care.

Recent Expansion of Whistleblower Law in 2022

In October 2021, Senate Bill S4394A was signed into law and will become effective 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 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.

How Our Law Firm Can Help You

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.