Remedies Available under the New York False Claims Act
Economic Damages
Pursuant to N.Y. State Fin. Law § 191(1), a prevailing party may be awarded (1) double the back pay, (2) interest accumulating from back pay, and (3) make-whole relief as a package for economic damages.
Compensatory Damages
Further, pursuant to N.Y. State Fin. Law § 191(1), a prevailing party may be awarded (1) compensation for any particular harm suffered following a discriminatory act and (2) make-whole relief.
Punitive Damages
However, there is no applicable state law through which a prevailing party may recover punitive damages under the New York False Claims Act.
Attorney’s Fees and Costs
Nonetheless, pursuant to N.Y. State Fin. Law § 191(1)(e), an aggrieved agent, contractor, or employee may recover (1) reasonable attorney’s costs and fees and (2) litigation costs as deemed just, equitable, and proper by a court of competent jurisdiction.
Injunctive Relief
Additionally, injunctive relief constitutes a remedy available under this act. For instance, pursuant to N.Y. State Fin. Law § 191(1), an employee may be awarded all relief a court may deem just, equitable, and proper to make them whole. Moreover, pursuant to N.Y. State Fin. Law § 191(1)(c), a court may also order the employer to reinstate the employee’s seniority rights and full fringe benefits. In addition, N.Y. State Fin. Law § 191(1)(b), a court may as well require an employee to be hired, contracted, or reinstated to an equivalent or similar position. Lastly, pursuant to N.Y. State Fin. Law § 191(1)(a), a court may issue an injunction to prevent continued discriminatory behavior or conduct.
“Other” Remedies
Finally, pursuant to N.Y. State Fin. Law § 191(1), a court may order all relief necessary to make the aggrieved employee whole.
In Part VIII of the series and our blog post titled “Remedies Available under New York State Worker Adjustment and Retraining Notification Act (N.Y.S. WARN),” we will discuss the various remedies available under this act and pursuant to N.Y. Lab. Law §§ 860 et seq.
As usual, stay tuned for more legal guidance, training, and education. In the meantime, if you have any questions or comments, please let us know on the Contact Us page!
Always Rising Above the Bar,
Isaac T.,
Legal Writer, Author, & Publisher.