The Protected Activities under the Act | The Process for Reporting a Violation
New York has long taken an aggressive stance against punitive actions by employers against perceived whistleblowers, employees who have rightfully reported improper, unethical or illegal acts by employers. Specifically, Section 740 of the New York Labor Law clearly sets forth the protected activities, the banned actions, who may qualify for damages, and the potential sanctions for violation of the law.
What Activities Are Protected under the New York Whistleblower Law?
Under the provisions of the whistleblower law, an employee has the right to report illegal or unethical conduct by employer or co-worker, such as unsafe working conditions, financial wrongdoing, environmental infractions, or wrongful harassment or discrimination. An employee may also take legally permitted leave, and may participate in any state or federal investigations of an employer.
What Types of Actions Are Prohibited under the NY Whistleblower Statute?
An employer may not demote, suspend, fire, threaten or punish an employee who engages in legally protected activity under the provisions of the whistleblower statute. An employer is also banned from engaging in any activity that negatively affects a worker’s job security, pay or working conditions.
Who Is Potentially Covered by the New York Whistleblower Law?
The provisions of Section 740 of the New York Labor Laws provide protection for current and former employees, as well as independent contractors.
What Types of Relief Are Available for Violation of the Whistleblower Protection Statute?
A worker who has been subjected to wrongful conduct under Section 740 may pursue a number of remedies, including compensation for lost wages or benefits (front pay or back pay), payment or reimbursement of legal fees, punitive damages and even reinstatement.
How Does an Employee Report a Violation of Section 740?
Before you can notify a governmental agency, you must notify your employer. However, if the actions of your employer pose an imminent danger to public health, or if you fear physical harm, you can go directly to the government, such as the New York Civil Rights Department, the New York Department of Health, or the Equal Employment Opportunity Commission.
Let Stephen Hans & Associates Help You Avoid the Potential Violation of the New York Whistleblower Protection Law
At Stephen Hans & Associates, we have successfully advised and represented many New York City employers many years, helping them meet employment law requirements and protecting their rights in a wide range of employment matters, including potential whistleblower claims. Susan Lacerte, executive director of the Queens Botanical Garden has lauded us for our “dedication, knowledge and experience” and for helping the Botanical Gardens “successfully resolve difficult legal issues with [our] talent, negotiating skills, personal care and attention.”
Our experienced attorneys are glad to answer your questions and provide legal advice. Our offices are conveniently located in Long Island City with easy access from Manhattan