Stewart A. McMillan, Esq.

Whistleblower

A Whistleblower is a person who discloses conduct which the person believes to be either illegal or unconstitutional on the part of his employer.

Very often the activity the Whistleblower reports on involves either discrimination, criminal conduct (like insider trading) or failure to maintain minimum safety (such as OSHA violations).

Whistleblowing itself can come in a variety of different forms. These include:

  1. Filing a Complaint or a Grievance Against the Corporation;
  2. Reporting Criminal Conduct to Either the Police or District Attorney’s Office;
  3. Reporting Illegal Conduct to Third Parties;
  4. Starting a Lawsuit or an Arbitration Against the Corporation

Under both New York and federal law, a Whistleblower may not be either fired, suspended, demoted or even reprimanded.

Damages for Retaliation

If your employer is guilty of retaliation against you, you may be entitled to damages. These damages include:

  1. Payment of Back Pay
  2. Reinstatement to Prior Position
  3. Punitive Damages

Our New York State Employment Lawyers will counsel you that retaliation can come in many different forms. Some of the most common forms of retaliation against whistleblowing include the following:

  1. Termination from Employment
  2. Suspension
  3. Demotion
  4. Docked Pay
  5. Receiving Bad Performance Reviews for No Reason
  6. Changes in Significance of Job Duties
  7. Reduction in Number of Hours or Days Worked

Accordingly, if you think that you or someone you know has been unfairly retaliated against for proper whistleblowing activity, please do not hesitate to contact our New York State Employment Attorneys immediately. The phone call is free, and our attorneys are standing by 24/7 to answer any and all questions you might have.

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