Derek Smith Law Group / Employment Law Attorneys / Whistleblower Attorneys / Whistleblower Attorneys in New York City

Whistleblower Attorneys in New York City

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What Is a Whistleblower in New York City?
Different Types of Workplace Discrimination Cases We Handle:

Whistleblowers in New York City are employees who report wrongdoing or illegal activity on the part of their employer to a person or entity in a position to act upon the information. Whistleblowers are protected from retaliation by federal laws, state laws, and local New York City laws.

This protection allows whistleblowers to feel safe in reporting the actions, refusing to participate in illegal activities, or testifying against the company. For the past 25 years, the Derek Smith Law Group have been helping employees in New York City fight whistleblower retaliation and get the compensation they deserve.

What Is a Whistleblower in New York City?

A whistleblower in New York City is an employee who reports wrongdoing or illegal activity on the part of his or her employer or supervisor, testifies against the employer or supervisor in court, and/or refuses to participate in the illegal activity. Based on state and city laws, the employee can be a government employee or work for a private company. Whistleblower protections make it illegal for an employer to fire or otherwise retaliate against any whistleblower.

What Is the Role of a Whistleblower Attorney in New York City?

A whistleblower attorney in New York City has two roles. First, the attorney can assist the whistleblower in filing his or her report of the illegal activity, advise the whistleblower of his or her rights under the law and guide the whistleblower through the entire process of being a whistleblower.

However, in many cases, the role of a whistleblower attorney comes into play after retaliation ensues against the whistleblower. The attorney can then help the whistleblower file a claim under the whistleblower protection laws that properly fit the facts of his or her employment and claim and help the whistleblower get the relief he or she deserves in New York City or federal court.

What Laws Protect Whistleblowers in New York City?

Several laws protect whistleblowers in New York City from retaliation.

Sarbanes-Oxley. This law provides to the financial sector and states that no employer can retaliate against an employee for conducting a lawful act, such as provide information to the SEC, aid in an SEC investigation, or testify against an employer in an SEC case.
Dodd-Frank. Like Sarbanes-Oxley, the Dodd-Frank Act relates to employees int eh financial sector and prevents employers from retaliating against employees who aid the SEC in an investigation, report illegal activity to the SEC, or testifies against the employer in an SEC case.
False Claims Act. This act allows employees to file the whistleblower lawsuit against the employer in place of the government. This is called a qui tam claim and requires a whistleblower attorney to help navigate the claim and the process.
New York Labor Law Section 740. Under the New York Labor Law Section 740, all New York employees, whether public or private, are protected from retaliation from heir employer from filing a report of wrongdoing that violates the law, regulations, or rules or presents a danger to the public health or safety with the appropriate entity, refusing to participate in illegal activity, or testifies against an employer.
New York City Whistleblower Protection Expansion Act. This protects public employees who work for the city of New York. Under this law, city employees of all rankings as well as police officers and independent contractors and their employees with city contracts worth over $100,000 from retaliation in the event the individual files a report of wrongdoing or illegal activity, testifies in court against the city or official, or refuses to cover up the wrongdoing or illegal activity.

What Are Examples of Whistleblower Actions in New York City?

Whistleblower claims in New York City can include any of the following examples, and more:

Violations to the Clean Air or Clean Water Acts
Misappropriation of funds
Tax Fraud
Medicaid/Medicare false claims
Failure to abide by a commercial vehicle and transport laws
Filing false claims
Mortgage fraud
Submitting false receipts
Purposeful misclassification of employees or government contractors
Hiring undocumented workers to avoid paying taxes
Failure to pay overtime to employees
Violating OSHA laws

What Is the Statute of Limitations to File a Whistleblower Claim?

Each law protecting whistleblowers has its own set of statute of limitations.

The Dodd-Frank Act allows a time limit of 6 years from the date of the violation and three years after the facts should have been reasonably known by the employee, as long as it is within 10 years of the incident.

Sarbanes-Oxley provides the employee with 90 days to file a complaint with the Secretary of Labor.

Under the New York State Labor Law Section 740, the employee must first give the employer an opportunity to correct the action by reporting it a supervisor first. Then, the employee has one year to report the violation to the proper authorities. If the employee experiences retaliation, he or she has 3 years to report the retaliation.

For qui tam actions under the false claims act, the employee has 3 years to file a claim for retaliation.

Testimonials

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Olivia is the best! Oliva was very thorough, patient, and very detailed and descriptive regarding the process. She was very supportive of my sexual harassment case. From the very beginning, she communicated and would provide me with any updates and she was always available when I needed anything. More importantly, she always extended that comfort level of trust which always made me feel at peac... Read Full Testimonial

Desirae Gallardo

Casey Barkhordarian is a fabulous attorney to work with. He explained everything to me about the case (including the millions of questions I asked) right from the start of our very first meeting. He did so in a way that I could understand and was very prompt and clear with communication the entire time. Casey Barkhordarian is a very competent and knowledgeable lawyer to have on your team. I def... Read Full Testimonial

Chelsi Ferrini

Matt Finkleberg is by far the best attorney I’ve ever hired! From the outset, it was evident that he was not just another lawyer; Matt is nothing short of extraordinary. He possesses the ability to do his job phenomenally while somehow managing to give me hope during one of my darkest of hours. Matt consistently returned my calls promptly, regardless of my questions, confusion, or self-doubt ... Read Full Testimonial

Tanya Scheer

I cannot speak highly enough about my experience working with Matt Finkelberg. From the very beginning, Matt approached my case with an incredible level of professionalism, knowledge, and dedication that immediately put me at ease. It is rare to find an attorney who not only possesses an impressive depth of legal expertise but who also truly cares about the well-being and best interests of thei... Read Full Testimonial

Keely Mettlen

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

Rae Millstone

This law firm is absolutely amazing!!! They went so above and beyond for me!!! I am so grateful for all their help with my difficult case!!! If you need a lawyer, you will be in great hands with their firm!!! And wait until you see the office! The building is so high tech I couldn't figure out how to get in the elevator lol!

Stacey Marie Norton

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough 🙂

Seedie Whiser

Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial

Anthony Scearce

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

Jessica Gonzalez

Corey Kientz

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What Remedies are Available to Whistleblowers in New York City Court?

Whistleblower retaliation usually leaves an employee without a job or demoted. Therefore, the court remedies are intended to correct this. Some of the remedies available through the court include:

Reinstatement of employment and/or benefits
Removal of supervisor responsible for retaliation
Reimbursement of benefit premiums
Reimbursement of medical and other related expenses
Attorney’s fees
Court costs
Back Pay
Future Pay
Pain and Suffering
Emotional Distress
Punitive Damages

Under a qui tam claim, New York offers additional remedies. A qui tam whistleblower is entitled to 3 times the amount recovered by the lawsuit as well as $6,000 to $12,000 per violation under state laws and $5,000 to $11,000 under federal laws.

Verdicts & Settlements

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$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County of New York The Derek Smith Law Group secured a $1.5 million settlement on behalf of John Doe, a former…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

$1.8 Million Verdict

Case Handled by The Derek Smith Law Group Attorney Ian Bryson United States District Court, Eastern District of Pennsylvania The…

$15 Million Verdict

Jane Doe v. Bart Francis Piscitello Supreme Court of the State of New York, County of Nassau Case handled by…

$16 Million Settlement

Case Handled by The Derek Smith Law Group Attorneys Derek Smith and Alexander Cabeceiras The Derek Smith Law Group is…

A Few Things You Can Do Right Now

If you are a whistleblower and experienced retaliation as a result, here are some things you can do immediately to help you get the compensation you deserve.

Hire a whistleblower attorney immediately.
If you have not been fired, do not quit your job.
Follow any policies relating to whistleblower retaliation that are provided in your employee handbook.
Document everything. Take notes related to what occurred, any harassment that occurred afterward, who was involved, when the incident occurred, where it occurred, and any witnesses.
Keep very careful notes and keep track of any documentation, such as emails, letters, texts, etc.

Contact Our Experienced New York City Whistleblower Attorneys for a Free Consultation

Whistleblower protections are designed to protect people who want to protect the public from illegal activities brought on by an employer.

Without such laws, people who are in a position to prevent illegal activities would be too worried about losing their job to do so.

If you have been the victim of whistleblower retaliation, the Derek Smith Law Group in New York City can help. Contact us today at (212) 587-0760 for a free consultation. We do not collect any money until you win your case.

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