Whistleblower Rights and Protections in the Workplace

Standing Up Takes Courage — We Have Your Back and Will Hold Wrongdoers Accountable

In New York and Florida, even if an employee is “at-will” certain laws provide special protections for employees who are fired or otherwise retaliated against for raising concerns about improper activity that is harmful to the public health, public safety, or economy. An employer cannot retaliate against you for exercising your rights certain Federal, and state whistleblower protection laws. 

Whistleblower Retaliation in New York and Florida

“Whistleblower retaliation” is when an employer takes adverse action against an employee or fires an employee for blowing the whistle on illegal conduct of a company. Employer retaliation, including unlawful termination, is one of the main harmful consequence of whistleblowing in New York and Florida. An “adverse action” is something is an element of a retaliation claim, as it is something done by an employer that would negatively impact an employee and prevent them from engaging in protected whistleblower activity. Adverse actions are not always easy to recognize as they can be subtle, such as excluding an employee from training or meetings.

Whistleblower retaliation/adverse actions include:

  • Wrongful termination
  • Reducing pay or hours
  • Demotion
  • Intimidation and threats
  • Unfair write-ups or performance reviews
  • Denying overtime
  • Denying merit-earned promotion
  • Denying training or professional development opportunities
  • Denying access to resources required to conduct your work
  • Reporting or threatening to report an employee to the police
  • Blacklisting

You are protected from whistleblower retaliation for reporting issues relating to:

  • Fraud and financial issues
  • Consumer product and food safety
  • Discrimination
  • Employee safety
  • Minimum wage and overtime pay
  • Misuse of government money by contractors
  • Environmental protection
  • Family and medical leave
  • Health care fraud
  • Military status and obligations
  • Transportation services
  • Youth employment
  • Agricultural work
  • Mine hazards and inspections

A few examples of protected whistleblower activity and complaints include:

  • Acting as a witness or participating in an investigation relating to whistleblowing.
  • Refusing to participate in illegal activity, like defrauding the federal government.
  • Reporting fraud, sexual assault, workplace injury, or other impropriety at the workplace.
  • Threatening to report fraud, workplace injury, or other illegality.
  • Refusing to participate in actions given by an employer that would violate state or federal laws.
  • Reporting suspected illegal activity by an employer to a government agency or law enforcement.
  • Reporting suspected violation of a law or regulation or misconduct using internal channels of your company, such as to HR or a manager with authority to investigate or fix the misconduct.
  • A surgeon is fired for reporting to hospital directors that surgical instruments were not being sterilized properly and that nurses in the operating room had been discouraged from reporting such instances.
  • A medical laboratory demotes its clinical manager after she objects to and threatens to disclose that the employer’s data system for validating compliance with federal and state regulations.
  • A pharmacist reporting that use of patient information is out of compliance with federal and state regulations, which created a substantial risk of harm to patients
  • A nurse is fired for refusing to participate in her employer’s new policy of pushing unnecessary and potentially harmful services on patients.
  • A restaurant manager is fired after reporting to the owners that food is not being stored in compliance with code.

Examples of Whistleblower Laws

Many of the adverse actions outlined above can lead to an employee resigning because the employer has made the working conditions and environment unbearable. This type of whistleblower retaliation is known as constructive discharge. Some of the laws in Florida and New York offer protection to whistleblowers against employer retaliation. Examples of such laws include:

  • Federal Whistleblower Protection Act (WPA)
  • Federal False Claims Act (FCA)
  • New York State Whistleblower Law (Labor Law Section 740)
  • Florida False Claims Act (FCA)
  • New York City False Claims Act (Local Law 53 of 2005)
  • Florida Whistleblower Act (Chapter 112 and Chapter 448.102 of the Florida Statutes)
  • Florida Private Whistleblower Act (Chapter 448.102 of the Florida Statutes.)

Important Steps to Consider BEFORE Whistleblowing

Navigating the whistleblowing process is complicated, fact specific, and success of cases can vary. Sometimes whether or not you are successful depends on whether or not there was an “actual violation” of the law, and other times, it is enough that an employee had a “reasonable” belief the violation took place. It is crucial to have a full understanding of what laws were violated before moving forward to ensure protection. Promptly seeking legal advice from an experienced Whistleblower Attorney, whether in Miami or New York, can keep you on track from the start.

The key steps to follow when reporting wrongdoing as a whistleblower, will enhance the chances of a successful retaliation case:

  • Collect Evidence: Carefully gather relevant information that supports the allegation of wrongdoing, such as complaints, documents, emails, text messages, policies, records of objections to upper management, and recordings.
  • Meticulous Documentation: Document and preserve a record of everything involved in the process, such as all communications, responses, phone calls, and actions taken. While this may seem unnecessary, it can prove to be extremely useful if validity is questioned. Especially as the bad actor may attempt to destroy such documents.
  • Internal Reporting: Be fully informed of a company’s policies and procedures for disclosure and disclose to the appropriate authoritative figure. Keep copies of these procedures. Be cautious of disclosing anonymously as that may weaken a retaliation claim.
  • External Reporting: report to the appropriate government agency if using the internal channels is unsuccessful. Be vigilant of disclosing anonymously as that may weaken a retaliation claim.
  • Retaliation Protection: Make sure to be aware of the rights and protections afforded to whistleblowers in Florida and New York, and under Federal law.
  • Legal Advice: If unsure or the situation deems necessary, get legal counsel; to provide support through the process.
  • Anonymous Reporting: remember that anonymous reporting is offered by some agencies and is a way to protect identity.

You should not be punished for blowing the whistle on any type of illegal or harmful activity in the workplace. Contact a local whistleblower lawyer today.