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Whistleblower Rights in the Workplace

Are there laws to protect you from being fired when you report wrongdoing by your employer? A question many corporate whistleblowers ask themselves.

What is a Whistleblower in the Workplace?

A whistleblower is an employee who learns a boss, co-worker or company has broken the law and reports their misdeeds to an outside party. Your honesty and courage are protected by state and federal laws. Therefore, do not fear the consequences of your actions. State and federal laws will keep your misbehaving employer from retaliating against you. There are statutes to protect you from being fired or wrongfully terminated by your employer. First, you are protected by the False Claims Act. This law gives you the right and freedom to report any fraudulent activities without fear of retaliation. This law deals mainly with the federal government and federal contractors. Many cities and states have their own version of the False Claims Act.

What is the New York City False Claims Act?

The New York City False Claims Act protects all city employees including those working for elected officials, such as the City Council, Borough Presidents, and the New York City Comptroller. Their jobs will not be in jeopardy for reporting misconduct, criminal behavior, corruption, mismanagement of funds, conflicts of interests and abuse of power. Whistleblowers can bring suit in the name of the City of New York when someone tries to defraud the city or state of taxpayer money.

According to the New York City Law Department website, “On May 19, 2005, Mayor Bloomberg signed into law the New York City False Claims Act (Local Law 53 of 2005), which authorizes citizens to bring lawsuits to recover treble damages for fraudulent claims submitted to the City. An important new tool with which the City can fight fraud perpetrated against it, the statute creates a way for people to help the City recover money lost through fraud, and is patterned after the federal “Qui Tam” statute. As an incentive to bring suits, this new law allows successful citizen plaintiffs, under certain circumstances, to keep as much as 30% of funds they help recover.”

There is a national law that protects whistleblowers working in a publicly traded company called the Sarbanes-Oxley (SOX) Act of 2002. SOX was created to curb widespread fraud that many large corporations were practicing during that time. Companies covered by SOX are corporations that are registered under the Securities Exchange Act and required to file reports with the Security Exchange Commission. Contractors and agents of these companies are covered by the law. You can file a claim under this law against an employer who violates it. A wrongful termination attorney can assist you in filing your claim. SOX provides comprehensive protections for all corporate whistleblowers. It contains civil and criminal provisions. The law prohibits employment discrimination for workers employed by publicly traded companies and protects whistleblowers from any retaliation by their employers.

Retaliation action by an employer may include:

  • A demotion in your employment
  • Not providing overtime pay or promotions
  • Threats of firing or actually firing a person
  • A decrease in work hours or schedule
  • A reduction in wages
  • Withholding benefits from an employee
  • Mistreatment involving harassment or intimidation tactics

What To Do if You Have Been Wrongfully Terminated for Whistleblowing

If your employer (or former employer) has wrongfully terminated you for whistleblowing or violated your employment rights, you may be entitled to compensation. Please contact the Law Offices of Joseph & Norinsberg.  Their lawyers will provide an honest assessment of the strengths and weaknesses of your case. If your case merits going to court, the attorneys at the Law Offices of Joseph & Norinsberg will work diligently to help you find the justice you deserve. Contact the Law Offices of Joseph & Norinsberg at (212) JUSTICE or at info@employeejustice.com for a free initial consultation.

2020-10-29T19:22:52+00:00June 20th, 2016|Whistle Blowing|

Glowing Client Reviews

I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.

Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved.

Jon and his team are amazing. They fought every step of the way for me and my family. My case was handled with such care and concern and Jon’s honesty gave me great confidence in his ability to win my case.

To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

Bennitta Joseph is committed to Justice. After be wronged at work in 2015, and discriminated against I felt very hopeless and wronged. I felt as though I had no hope standing up to a corporate giant, and no chance of winning. After explaining my case and sharing the facts Bennitta felt differently. She did warn me it would be a long and tough road and that I had to have thick skin. In my experience if you take Bennitta’s lead and trust her legal experience no case it too big, or too small for her…

Me trataron muy bien y estoy satisfecho con el servicio. Inicialmente llamé para unirme a un caso anterior, pero cuando ya era demasiado tarde para unirme a ese caso, estaban felices de luchar por un segundo caso. No pensé que podrían hacer que otro caso funcionara, pero lo hicieron. Aprendí cuáles son mis derechos en cuanto a salario mínimo y tiempo extra y puedo usar esta información en el futuro. Recomiendo mucho la oficina.

TESTIMONIALS

I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.
Ysaac G
Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved. 
D.F.
To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!
Karleen L.
This was the first and hopefully my last lawsuit and the process wasn’t what I thought.  The patience shown to me (even when I became frustrated) was great.  Everyone showed respect, sensitivity, and I’d recommend the firm to everyone.  Losing my job set me behind on several bills, but I can now pay them.  The situation I went through will help me going forward. 
Isaiah B.
I had an excellent experience with the firm and with Bennitta Joseph as my attorney. Everyone I dealt with was extremely courteous, friendly and very helpful. The settlement will help me financially as I look for a job.
Kate P.

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