Whistleblower Protection Claims
Am I a whistleblower?
Anyone who reports wrongdoing on the part of an employer may be deemed a whistleblower. You may be:
- a banker who learns their employer ignored procedures intended to prevent mortgage fraud;
- a marketer who discovers their employer reports false data about the success of one of its core programs;
- an essential worker who becomes aware of unsafe working conditions that impact the health of coworkers and customers;
- an assembly line worker who notices that important quality-control processes are being ignored; or
- a manager who discovers their employer is ignoring regulatory obligations that caused harm to one or more of its stakeholders.
Most whistleblowers do not start out looking to take on these issues. They simply want to perform their jobs successfully and advance in their careers. When faced with the discovery of a potential illegality, these employees face a dilemma: Should they turn a blind eye and, in doing so, become part of the problem? Or should they seek to address the problem and become a change agent?
Are whistleblowers protected by law?
Fortunately, there are several laws designed to protect whistleblowers. While Sarbanes Oxley and Dodd-Frank are currently the most visible statutes protecting whistleblowers, on January 26, 2022, New York’s newly amended whistleblower law, Section 740 of the New York Labor Law, took effect, putting in place one of the strongest and most progressive whistleblower laws in the nation. The amended law protects employees from retaliatory action because the employee (i) disclosed or threatened to disclose to a supervisor or a public body conduct that the employee reasonably believed was a violation of law, rule, or regulation or that posed a substantial and specific danger to public health and safety; (ii) provided information to, or testified before any public body investigating such activity, or (iii) objected to or refused to participate in such activity.
Many other states and industries also have their own whistleblower protections.
According to the US Department of Labor, your employer cannot retaliate against you for exercising your rights under its whistleblower protection laws. You cannot be fired for speaking out and engaging in protected activity. Nor can your employer lay you off, demote you, deny you overtime or promotion, or reduce your pay or hours.
Whistleblowers may also be entitled to monetary awards for reporting securities and commodities industry violations. The SEC, CFTC and the IRS maintain whistleblower programs that pay monetary awards to persons who assist those regulatory agencies in the enforcement of their laws. The Dodd-Frank Act of 2010 provides incentives to individuals who report violations of laws that govern a wide range of activities in the financial markets and concerning the activities of U.S. companies. We have successfully represented clients in whistleblower reporting matters.
