Whistleblower

Whistleblower Lawyer in New York

Offering Quality Legal Representation to Clients Who Report Fraud or Illegal Activities

In New York State, individuals who report fraud or illegal behavior are protected under whistleblower laws. These legal protections protect employees from fear or retaliation for reporting illegal activities. State whistleblower laws also stipulate penalties for employers who act adversely against employees who have reported fraud.

Due to the legal complexities of reporting fraud or other illegal actions, it is best to consult an attorney to understand your rights and safeguard against employer retaliation.

If you have questions about New York state whistleblower laws, it is best to seek legal representation immediately. Miletti Law P.C., is a New York City law firm dedicated to protecting clients who expose illegal activities. Contact our Brooklyn, New York, law office today to schedule a free, confidential consultation so we may thoroughly evaluate your legal needs.

Are There Laws That Protect Whistleblowers in New York City?

Federal and state laws have been enacted to protect employees from the fear of retaliation for reporting employer misconduct. Federal laws apply to cases where the government is being defrauded and are specified as “qui tam” actions. New York Labor Law Section 740 is another law that provides an extra layer of protection for employees who report illegal practices and prohibits employer retaliation.

New York whistleblower attorneys understand the legal complexities involved with whistleblower claims. If you are concerned about your safety or employer retaliation, it is best to consult with a knowledgeable New York whistleblower attorney as soon as possible. Knowing your legal rights can empower you to make informed decisions.

When you come to our law firm for help, we will professionally evaluate your case to determine what legal strategies will provide maximum results. Contact us today for a free case assessment.

Are There Reward Programs for Whistleblowers?

The U.S. Securities and Exchange Commission (SEC) has established a whistleblower reward program to motivate individuals to report possible violations of federal securities laws. The reward program provides monetary awards that range from 10 to 30% of the amount recovered due to the information they provide. A qualified attorney can assist you with recovering a monetary award for reporting the illegal activity or fraud. However, to receive a monetary award, the violation must have resulted in at least one million dollars in monetary sanctions.

The Securities and Exchange Commission provides individuals with whistleblower rewards of 10-30% of the amount recovered based on a whistleblower’s original information.

Several different Acts apply to whistleblower law, including:

  • The Foreign Corrupt Practices Act(FCPA): Prohibits individuals or U.S. companies from paying foreign officials money to influence them into making favorable decisions regarding their organizations
  • The Commodity Futures Trading Commission (CFTC) Whistleblower Program: Created by the Dodd-Frank Act, the CFTC provides financial rewards to those who report Commodity and Exchange Act violations, also referred to as securities fraud
  • The New York False Claims Act (NY FCA): Similar to the Federal False Claims Act, it differs as it is not a federal law. The NY FCA directs its attention to preventing fraud in state and local governments and is not under the SEC’s authority. However, just as with federal government programs, whistleblowers who provide information may be able to recover 10 to 30% of a qui tam lawsuit

Can My Employer Retaliate Against Me For Being a Whistleblower?

Many individuals who realize that fraud or illegal activities are occurring hesitate to file a whistleblower lawsuit for fear of retaliation. Retaliation can take many forms, including termination, demotion, passing over for promotion, a sudden bad performance review, or intimidation.

New York Labor Law Section 740 protects employees from retaliation in the private sector, including those who uncover fraud. Common examples of private sector violations include:

  • Healthcare fraud
  • Tax evasion
  • Threats to public safety

In addition to the protections offered by the federal government, whistleblower laws prohibit employers from retaliating against their employees, and those found to have done so can face severe consequences. Whistleblowers who suffer retaliatory actions from their employers may file lawsuits to try and recover compensatory damages for lost wages and emotional distress. Additionally, they could also be forced to pay severe fines and penalties.

If you believe your employer has retaliated against you for whistleblowing, you must take legal action immediately. Evidence can quickly disappear, and witnesses’ memories may quickly fade. Please contact our New York law firm immediately to learn how we can advocate for you.

How Can I Prove That My Employer Retaliated Against Me for Whistleblowing?

If you believe that your employer is retaliating against you for whistleblowing, you may be able to file a lawsuit to try and recover compensatory damages. However, you must present clear and convincing evidence of retaliatory behavior before pursuing legal action.

One of the most critical legal elements that must be demonstrated is a causal link between the employee’s protected activities and any adverse employment action taken by their employers. The first step in building a case is to identify the adverse action taken by your employer, such as termination, demotion, being moved to a less favorable position, or loss of benefits.

Next, obtain supporting documentation, including emails, memos, performance reviews, or text messages. The last step is to show that the unfavorable employment action happened after you reported illegal activities. Other essential evidence can include keeping detailed notes that describe what type of retaliatory behavior occurred. Having a list of witnesses corroborating your claims will also prove invaluable should you file a lawsuit.

One of the most significant advantages of hiring a whistleblower attorney is that they can provide sound advice to help you navigate the complex legal process. Miletti Law P.C. has a proven reputation for helping clients dealing with illegal employee retaliation. Depending on the facts, we may be able to recover damages for emotional distress, lost wages, and attorney fees.

Why Should I Hire Your Whistleblower Attorney to Help Me With My Legal Issues?

Miletti Law P.C., takes pride in helping individuals who have been brave enough to report fraud or illegal activity. We represent individuals in federal and state cases and strive to safeguard their legal rights.

Our knowledgeable attorney can answer your questions regarding the whistleblower reward program, the SEC whistleblower program, the federal False Claims Act, and the New York False Claims Act. We may also be able to assist you in recovering a monetary award for reporting the fraud.

NY whistleblower cases are often overly complex, and some employees and others who report fraud risk being retaliated against. Our dedicated legal team can help you understand what legal protections are available, how to detect retaliation early on, and what you can do to take appropriate action.

Contact our New York law firm today at 314-648-2586 to schedule a free initial consultation, or please visit our website and fill out our free intake form; our whistleblower attorney will get back to you as soon as possible.