Filing complaints about wrongful conduct like workplace discrimination or harassment can be intimidating, especially if you fear retaliation. Although federal and state laws protect whistleblowers, some employers still retaliate by reducing the whistleblower’s hours, taking away their responsibilities, passing them over for promotion, or terminating them. Proving whistleblower retaliation can be challenging, but knowing your rights and available legal options can empower you to address these injustices.
If you have experienced whistleblower retaliation in New York, the whistleblower protection attorneys at Joseph & Norinsberg can evaluate your case and inform you of your legal options.
Table of Contents
- Why Do Companies Wrongfully Terminate Employees for Whistleblowing?
- What Evidence Is Needed for a Whistleblowing Retaliation Case?
- How Can I Legally Gather Evidence for a Whistleblowing Claim?
- How Can I Get Compensated For My Whistleblowing Retaliation Claim?
- Which Laws Protect Whistleblowers?
- Do I Have a Valid Case for Whistleblowing?
- Contact Joseph & Norinsberg For Your Employment Law Cases
Why Do Companies Wrongfully Terminate Employees for Whistleblowing?
While there are several reasons an employer might fire an employee after a whistleblower complaint, here are a few common examples:
- Silencing the Whistleblower: Employers often terminate a whistleblower’s employment to suppress their claims and control the situation.
- Avoiding Legal Consequences: Whistleblowing can result in significant legal actions or financial penalties for a company. Firing a whistleblower may be an effort to lessen these risks or impede any ongoing investigation.
- Toxic Work Culture: A culture that prioritizes loyalty to the company over honesty and ethical considerations may exist.
- Public Trust: Because of the types of misconduct or illegal activities that whistleblowers reveal, an employer may terminate a whistleblower to safeguard the company’s public image.
What Evidence Is Needed for a Whistleblowing Retaliation Case?
Gathering extensive evidence and keeping a detailed record of any adverse work actions you experience directly from filing a whistleblower complaint is crucial for solidifying your retaliation claim. Here are several types of evidence you can use to strengthen your case:
- Direct Evidence: This is proof that directly supports a claim by confirming an asserted fact. Examples include the testimony of a co-worker who witnessed a colleague firing due to a complaint, or an email that explicitly states that a reduction in hours resulted from an employee’s complaint.
- Circumstantial Evidence: This type of evidence does not provide direct proof on its face. However, it requires the fact-finder to draw reasonable inferences to support the claim. For instance, if an employee usually gets positive performance reviews but suddenly receives a negative one after filing a complaint, this change may suggest a connection. The sudden shift could indicate otherwise, even if the negative review doesn’t mention the complaint.
- Witness Testimony: This may include statements from individuals that serve as direct or circumstantial evidence.
- Documentation: This can include emails, performance records, text messages, severance documents, and other workplace records.
How Can I Legally Gather Evidence for a Whistleblowing Claim?
While it is important to gather evidence for your whistleblower claim, it is also essential that you don’t break any laws in the process.
Do Not Engage in Hacking or Stealing.
Only document materials and records you would normally have access to at your workplace. Avoid documents that require hacking, theft, trespassing, or other crimes to obtain.
Comply With Recording Consent Laws.
In New York, you need consent from at least one party to record a phone call or electronic communication. If you are a party to a phone conversation, you can record that phone call.
New York also has laws against eavesdropping, which make it a felony to record or use a device to overhear in-person conversations if you are not a participant.
How Can I Get Compensated For My Whistleblowing Retaliation Claim?
There are several remedies available for whistleblower retaliation claims, including the following:
- Lost Wages and Benefits: This includes the money and benefits you lost because of the retaliation.
- Reinstatement: If you lost your job or were demoted due to retaliation, you might be able to get your old job back. In addition, you can seek the reinstatement of full fringe benefits and seniority rights.
- Future Lost Earnings: If you cannot return to your previous job, you might be able to recover the money you would have earned in that position.
- Emotional Distress: You can seek compensation for the psychological harm and reputational damage caused by retaliation.
- Injunctive Relief: You may be eligible to seek an injunction restraining the employer from continued violation of the law.
Which Laws Protect Whistleblowers?
Several federal and New York state laws protect whistleblowers from being wrongfully terminated. Here are a few key details that you should know:
Federal Laws
- The Whistleblower Protection Act, or WPA, protects federal employees and job applicants from being punished for reporting wrongdoing. It also imposes penalties on supervisors who retaliate against whistleblowers. This also applies to federal contractors, subcontractors, grantees, subgrantees, and personal service contractors for the federal government.
- The False Claims Act, or FCA, allows individuals to file lawsuits on behalf of the government. Whistleblowers, or qui tam relators, are protected under this law from retaliation for reporting fraud. They may also be eligible for financial rewards for their efforts.
- Sarbanes-Oxley Act, or SOX, protects employees of publicly traded companies from retaliation for reporting suspected fraud or other violations.
New York State Laws
- New York Labor Law § 740 was initially enacted to protect employees who reported public health or safety violations and health care fraud. This law was expanded in 2022 to include independent contractors with the same protections as employees, among other changes.
- New York Labor Law § 741 is specific to health care employees and protects them from retaliation for reporting employer practices that threaten public safety, public health, or a specific patient’s health.
- New York State Human Rights Law, or NYSHRL, prohibits discrimination in areas including employment, housing, credit, public accommodations and more.
Do I Have a Valid Case for Whistleblowing?
An employer must take an adverse employment action against an employee for engaging in protected actions, such as reporting illegal activities. To establish a successful claim for wrongful termination or other misconduct related to whistleblowing, you must demonstrate that the action resulted from that protected activity:
- Protected Activity: This includes reporting fraud, abuse of authority, discrimination, danger to public health or safety, or other illegal conduct.
- Casual Connection: There must be a direct or circumstantial connection between the employee’s whistleblowing and their termination. This means the employer must have acted based on the whistleblowing when they fired the employee.
If you are unsure whether you have a strong wrongful termination or other employment law claim related to whistleblowing, our attorneys can review your case and answer any specific questions you may have.
Contact Joseph & Norinsberg For Your Employment Law Cases
If your employer or former employer has wrongfully terminated your or otherwise violated your employment rights for whistleblowing, you may be entitled to compensation. Contact us online or call 212-227-5700 today for a free consultation. Ofrecemos servicios en español.
