Understanding New York State's Whistleblower Protection Laws
Employers in New York State cannot take fire, demote, or retaliate against employees who report (or threaten to report) illegal conduct by the employer that creates a substantial and specific danger to the public health or safety, or if the conduct constitutes health care fraud.
In other words, employees who blow the whistle on dangerous employers can't be punished as a result. However, this rule doesn't apply to every violation of the law that an employer might make. For example, if an employer is violating a local election law to illegally support a candidate, that conduct does not create a substantial and specific danger to the public health or safety. Therefore, an employee who reports the election law violation can't sue under the Whistleblower Law.
If your employer has violated a law or regulation that is put in place to protect the public safety, you can probably sue them. If you win, a court may award you:
- an injunction to restrain continued violation of the law;
- the reinstatement of the employee to the same position held before the retaliatory personnel action, or to an equivalent position;
- the reinstatement of full fringe benefits and seniority rights;
- the compensation for lost wages, benefits and other remuneration; and
- the payment by the employer of reasonable costs, disbursements, and attorney's fees.
