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Legal Protections for Whistleblowing

Personalized & Committed Legal Help

If you identify or suspect illegal behavior by your employer including without limitation fraud, violations of securities, financial, banking and health care regulations, or illegal conduct that affects the health or safety of the public, you may report such conduct to your employer or the appropriate authorities. Unfortunately, sometimes when an employee does the right thing, the employer does the wrong thing and unlawfully retaliates against the employee. Goldberg & Fliegel LLP represents employees who have been retaliated against as the result of their whistleblowing. We counsel employees about their rights and protections under various laws and can assert claims under various federal and state whistleblower laws.

Some ways that an employer could punish an employee for whistleblowing include:

  • Terminating or suspending an employee’s employment
  • Demoting or transferring an employee to an undesirable position;
  • Giving an employee a bad performance review raising false criticisms of the employee;
  • Creating a hostile work environment for the employee including through threats or verbal abuse;
  • Reducing the employee's work hours, compensation and benefits;
  • Stripping the employee of job duties and responsibilities; and
  • Any other adverse employment action against an employee

Understanding Your Employment Rights

There are many federal and state laws that protect whistleblowers including without limitation:

  • The United States Constitution;
  • The Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C. § 1514A et seq.
  • Dodd-Frank Wall Street Reform and Consumer Financial Protection Act of 2010 (“Dodd-Frank Act”), Pub. L. No. 111-203, 124 Stat. 1376 (2010)
  • The New York Legal Activities Law, N.Y. Lab. L. § 201-d
  • The New York State Whistleblower Law, N.Y. Lab. L. § 740
  • The New Jersey Conscientious Employee Protection Act (“CEPA” or “NJCEPA”), N.J.S.A. § 34:19-1 et seq.
  • Statutes covered under OSHA’s Whistleblower Protection Program

WHISTLEBLOWER INCENTIVE PROGRAMS

Related statutes allow whistleblowers to pursue claims against a wrongdoer in the name of the government when the wrongdoer has defrauded the government:

  • Federal False Claims Act, as amended ("FCA"), 31 U.S.C. §3729 et seq.
  • New York [State] False Claims Act, N.Y. State Fin. Law, § 187 et seq.

  • New York City False Claims Act, as amended, N.Y.C. Admin. Code §§ 7-801-7-810.

These lawsuits are referred to as qui tam actions. Prevailing whistleblowers receive a percentage of monies recovered by the government.

Also, the Bounty Provisions of the Dodd-Frank Act award whistleblowers a percentage of monetary sanctions recovered by the Securities and Exchange Commission (SEC) and the Commodities Futures Trading Commission (CFTC) in connection with violations of securities and commodities laws.

The team of attorneys at Goldberg & Fliegel has the experience to give you the legal representation you need to pursue your whistleblower claims and to recover monies under whistleblower incentive programs. We work with you in partnership every step of the way.

You can expect:

  • Quality legal representation
  • Customer service that places your needs first
  • Honest and straightforward legal advice
  • Over 50 years of collective experience

To learn more about our whistleblowing legal services in New York City,
call us today at (646) 941-7845.

Why Hire Goldberg & Fliegel LLP?

  • Seasoned Attorneys

    Our founding partners have over 50 years of collective legal experience.

  • Premier Legal Services

    Our firm is known for providing quality representation.

  • Reachable to Our Clients

    We are easily accessible and available when you need us.

  • Caring Legal Counsel

    Our attorneys have compassion for what you are going through.