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What are New York's whistleblower protections?

It is natural for you to feel a strong sense of loyalty towards the Manhattan company that employs you. That is what makes the decision for you report improprieties committed by your employer so difficult. On top of that, you also have to worry about what consequences you might face should it be revealed that you were the one to blow the whistle on your company. Yet regulatory violations often only come as the result of whistleblower actions. Thus, prosecutors need to be able to protect people like you from retaliation in order to ensure that you are willing to come forward. 

Just what are New York's whistleblower protections? Say that you are fired from your job for reporting a violation by your employer. Per Section 740.4 of New York's Labor Code, you are entitled to bring a civil action against your employer in response to it. Such action must be commenced within one year of your termination, and must be filed in the county where you were fired, in the county that you reside in, or the county which serves as your employer's primary place of business (in that order). The relief that can come from your lawsuit can include: 

  • Your reinstatement to your previous position (or a comparable job)
  • The reinstatement of all your benefits and seniority rights 
  • Compensation for any wages, benefits or other remuneration you missed out on while away from work
  • The payment of any and all legal fees associated with your case

If you have not yet been fired for your whistleblower action yet you fear that you will be, a lawsuit can actually provide you with injunctive relief to keep that from happening. 

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