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New York Whistleblower Laws

Whistleblower laws protect employees from being retaliated against after reporting that their employer has violated the law or breached the public trust. For instance, an employee who is fired after reporting that her company illegally dumps waste into the local river could file a whistleblower lawsuit against her employer. New York whistleblower laws protect both public and private employees (not all states do), while instances of retaliation may also be charged as crimes.

The following table highlights the basics of New York whistleblower laws. See Whistleblower Protections to learn more.

Code Section Labor §740
Prohibited Employer Activity Can not discharge, suspend, demote or take other adverse employment action if employee discloses or threatens to, provides information or testifies, or objects to or refuses to participate in an action that violates law, rule, or regulation or presents a substantial and specific danger to public health or safety
Protection for Public or Private Employees? Both
Opportunity for Employer to Correct? Must first report violation to supervisor and allow a reasonable opportunity to correct
Remedies Can file a civil action within one year of incident to get an injunction, reinstatement, full fringe benefits and seniority rights, back pay, and reasonable attorney's and court costs
Penalties -

Note: State laws are constantly changing -- contact a New York attorney or conduct your own legal research to verify the state law(s) you are researching.

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