Reporting safety hazards, fraud or illegal conduct at work can raise serious concerns. Many employees worry about retaliation after speaking up. New York law provides protections for certain workers who report workplace violations or refuse to take part in unlawful conduct.
What state law protects whistleblowers?
New York’s whistleblower law protects employees who report certain workplace violations. Protection may apply when an employee reasonably believes an employer’s conduct violates a law, rule or regulation, or creates a substantial and specific danger to public health or safety.
The law can protect employees who report concerns to a supervisor or a public body. In some situations, employees may need to give their employer a chance to fix the problem before reporting it outside the company. Some exceptions may apply.
How does the law address retaliation?
New York law prohibits employers from taking retaliatory action against employees who use protected whistleblower rights. Retaliation may include termination, suspension, demotion or other adverse employment actions.
The timing of an employer’s actions may matter in a retaliation claim. An employer may still take action for legitimate reasons unrelated to the report.
What remedies may be available?
If an employer retaliates in violation of the law, an employee may be able to bring a civil claim. Remedies can include reinstatement, lost wages, benefits, attorney fees and other relief allowed by the statute.
New York law also sets a deadline for filing a whistleblower claim, so acting quickly can help protect your options.
What should you do after reporting a violation?
Keep records of what you observed and when you reported it. Save emails, messages and other documents you are legally allowed to access. It also helps to note any changes in how you are treated at work after the report.
If you think your employer retaliated against you, an employment lawyer can review the facts and explain which whistleblower protections may apply. Early advice can help you understand your options and protect your rights.
