Can I Sue for Retaliation if I’m a Whistleblower?
Whistleblowers can often receive a negative reputation. Usually, this results from bad press and PR from the companies they have informed on. The fact is that whistleblowers serve a vital function in a capitalist society. When businesses grow so powerful that they can dodge accountability, whistleblowers bring questionable or dangerous behavior to light. Especially in recent years, the government has recognized the vital role whistleblowers can and have played in American society. This has led to the passing of legislation that protects and empowers whistleblowers without fear of retaliation.
It should come as no surprise that companies that end up having whistleblowers expose their actions sometimes retaliate against these whistleblowers. Retaliation can take many forms, including demotion, being skipped over for an earned promotion, or even termination. Retaliation can especially happen in the construction sector. This is because whistleblowing in the construction sector often exposes law violations or unsafe working conditions that potentially cost companies millions of dollars. If you or a loved one were a whistleblower in the construction sector and were retaliated against, you may be able to pursue legal action. An experienced attorney can review your case and determine if you’re eligible to seek compensation for being retaliated against for whistleblowing.
What is Whistleblowing?
The U.S. government defines whistleblowing as “the lawful disclosure of information a discloser reasonably believes evidences wrongdoing.” Whistleblowing usually occurs when an employee has exhausted channels within the company or has reason to believe proper action will not be taken should they try to address it. Whistleblowing can occur within a company when an employee addresses their concerns to someone they believe can make a difference, or externally, such as when someone goes to the press with their information. Whistleblowing often involves revealing information, including but not necessarily limited to:
- Unsafe Working Conditions
- Use of Harmful Products or Chemicals
- Violating Building Codes
- Criminal Activity
- Improper Financial Practices
- Unlawfully Docking/Withholding Pay
Whistleblowers working in the New York construction sector are protected under New York Labor Law Section 740. Section 740 prevents companies from retaliating against whistleblowers. This is to ensure that people feel safe coming forward with critical information that may be valuable to protect lives and property.
Despite the protections afforded by Section 740, some companies still choose to go after whistleblowers. Often, these companies are not sorry for what they did; they are only sorry they got caught and are looking to blame someone for this misfortune. Frequently, this takes the form of retaliating against the person who exposed them. Fortunately for New York’s construction workers, retaliation isn’t just against the law. If your employer retaliates against you for whistleblowing, you may be able to sue them.
How Do I Sue for Retaliation?
To sue for retaliation, you must file a claim within two years of the date of the alleged retaliatory action. You must file the claim in either the county where the alleged offense took place, where you live, or where your employer’s principal place of business is located. An attorney can help you decide strategically on the best place for you to file your claim.
When you sue, you carry the burden of proof. This means you must prove in court that your retaliation claims are valid. This includes demonstrating that you engaged in protected activity; that your employer knew about this activity; and that your employer took actions against you that had an adverse effect. Examples of retaliation include, but are not limited to, being terminated, having your hours reduced, being demoted or transferred to a less desirable or lower-paying position, workplace harassment (including threats), the loss of benefits, and more.
Evidence to establish you were retaliated against can include establishing a pattern of harmful activity showing retaliation; statements from coworkers, supervisors, or other employees demonstrating retaliation; and emails, memos, and other communications that could serve as documentary evidence. An attorney can review the facts of your case and gather the appropriate evidence.
What Can I Win in a Lawsuit?
What you can win in a whistleblower lawsuit depends on your case, how you were retaliated against, and what economic damages you incurred as a result. For example, if you were demoted from your position, transferred to a less desirable position, or lost any benefits, a court may order your employer to reinstate you to your previous position and compensate you for any wages or benefits you lost. In addition, the court may order your employer to pay you for attorney’s fees and legal expenses related to the lawsuit. The court can also issue a civil penalty of up to $10,000.
Depending on the circumstances of your case, you may also be eligible to collect punitive damages. Punitive means punishment. When a court awards punitive damages to a whistleblower, they essentially punish the company for their actions while rewarding the wronged party for their ordeal. The amount of money a court might award in punitive damages will depend on your case. A skilled attorney can demonstrate to the court that your experiences as a whistleblower were bad enough, such that you should be entitled to a proportionate amount of money. This is why if you or a loved one has been retaliated against as a whistleblower in the construction sector, you must contact our law firm today.
What Should I Do if I Am Retaliated Against as a Whistleblower?
Whistleblowers help keep people safe by standing up and speaking out when companies are too afraid or greedy to do the right thing. Retaliating against whistleblowers is a cowardly act by people who should know better. That’s why at Law Offices of Vincent Miletti, Esq., Vincent Miletti dedicates himself to holding them accountable.
Our team believes whistleblowers serve a vital role and should enjoy the complete protection of the law. That’s why we give our full commitment to every client we serve. Vincent Miletti believes in forming an emotional attachment and commitment to the people he represents so that he’s not just going to court on behalf of a client—he’s going on behalf of a cause.
No one should be punished for doing the right thing. If you or a loved one were retaliated against for being a whistleblower in the construction sector, use the intake form on our website to contact us, or, if you would prefer to call, dial 314-648-2586 to discuss strategy and options for your case.
