White Plains Whistleblower Protection Lawyers

Whistleblowers are heroes. They see illegal conduct taking place in their company and they refuse to stay silent, instead alerting the authorities by blowing the whistle. Because of whistleblowers, the government can protect public health and safety by punishing illegal conduct.

At Carey & Associates, P.C., we help whistleblowers protect their rights. Your employer cannot retaliate against you by firing you or taking another negative employment action. It is also sometimes possible to receive compensation for blowing the whistle. We can provide more information in a consultation with one of our White Plains whistleblower protection lawyers.

Whistleblower Protection Laws

There is no single whistleblower protection law. Instead, there are several that might protect you from retaliation or allow you to seek compensation for shining a light on illegal activity. Some of the more important sources of whistleblower protection are:

• Federal anti-discrimination law. It is illegal for an employer to retaliate against a worker for blowing the whistle on employment discrimination, including harassment. If you complain about workers harassing you or another employee, you can’t be fired in retaliation. The same protection applies if you report illegal discrimination based on a protected characteristic such as race, gender, sexual orientation, religion, or nationality.
• Securities and Exchange Commission (SEC) whistleblower protections. This law protects those who report violations of the federal securities regulations. Whistleblowers are eligible for a monetary award for reporting illegal activity.
• IRS Whistleblower protections. Someone reporting significant tax fraud or evasion could be protected by the IRS whistleblower law. You might also be eligible to receive 15-30% of the taxes the government recovers.
• New York Labor Law § 740. This law protects employees, former employees, and independent contractors from retaliation for blowing the whistle on activity that threatens public health or safety. New York recently expanded the law to protect a greater number of people.
• False Claims Act. This is a federal law passed during the Civil War in response to people defrauding the federal government by submitting false claims. The law allows individuals to bring qui tam suits and receive a percentage of the money recovered. Many False Claims Act suits are brought for Medicaid and Medicare fraud, as well as COVID-19 fraud.

Blowing the Whistle the Correct Way

Although several laws provide protection to whistleblowers, there are constraints you face as an employee. One is that you need to blow the whistle the correct way. Some whistleblower laws only provide protection if you blow the whistle to certain people or governmental bodies. Other laws require that you first notify a supervisor of your suspicions of illegal conduct before talking to the government.

If you suspect a false claim, then your attorney should file a federal complaint under seal with the U.S. District Court. The Office of the United States Attorney will then review to determine whether to intervene.

If you fail to follow all required steps, you won’t gain the protection of the law. This is why meeting with a White Plains whistleblower protection lawyer is a big help. We can walk you through the relevant law and highlight what you should do. For example, simply going on social media and blowing the whistle could be a costly mistake.

Compensation & Remedies for Whistleblowers

Blowing the whistle is a big risk. Many employers retaliate against workers who speak up, and you could put your career at risk. This retaliation can take many forms, such as:

• Termination
• Transfer
• Demotion
• Cut in pay or benefits
• Job reassignment

Fortunately, you might be eligible for certain remedies, depending on your case. For example, if you seek protection under New York Labor Law § 740, you can seek:

• Front pay
• Back pay
• Punitive damages
• Civil penalties

With a False Claims Act case, you can receive 15-30% of any proceeds the government claws back from the fraudster. So if your employer submitted $3 million in fraudulent bills to Medicaid, you might receive $450,000-900,000 of that. The False Claims Act also allows you to file a retaliation lawsuit against your employer for negative employment actions.

Contact a Whistleblower Protection Lawyer in White Plains

Choosing to go public with information about illegal activity is always difficult. There are many considerations. Ideally, you should consult an experienced whistleblower attorney as soon as you catch wind of illegal conduct. We will listen to your story and analyze what information or evidence you need to blow the whistle effectively and lawfully.

We can also help anyone who suffers retaliation at the hands of their employer. Please contact us today to schedule a meeting at (203) 255-4150.