What is a Whistleblower?
Whistleblowers have come up a lot in the news recently, but what does it actually mean to be a whistleblower in cities like Cleveland or New York City? Under the law, a whistleblower is someone who identifies behavior by his or her employer that the whistleblower genuinely believes may be wrong or a violation of the law and who lets the employer or a government body know about the actions at issue. There are usually specific legal mandates assuring that the whistleblower’s job will be protected and that the employer cannot retaliate against such an employee, including through a termination or a demotion. If the employee is still subject to negative employment actions, the whistleblower laws can provide relief.
What Type of Actions Are Protected?
Whistleblower laws are often intended to protect the public from a type of danger or financial wrongdoing. For example, under New York law, employees who express their concern about harm to the public health or violations that the employee reasonably believes may be a threat to the public health or to the health of a specific patient are protected.[1] Under the Dodd-Frank Act and the Sarbanes-Oxley Act, there are also protections for employees who report violations of the securities laws and related offenses. In addition, a variety of activities ranging from expressing concerns about worker safety to violations of clean water provisions to aviation safety are enforced by the Occupational Safety and Health Administration (“OSHA”).[2] Through the Conscientious Employee Protection Act (often known as “CEPA”), New Jersey offers broad protection to employees who speak out about an employer’s actions that the employee reasonably believes to be a violation of the law.[3]
What Types of Damages Could I Receive?
Depending on the statute at issue—if you are subject to a negative employment action due to your whistleblowing activity—you may be entitled to reinstatement to your position or an equivalent position, back pay, compensation for lost benefits, and attorneys fees. Under the Dodd-Frank Act, employees who voluntarily provide the Securities and Exchange Commission (“SEC”) with original information that leads to a successful enforcement action with $1 million or more in monetary sanctions may even be entitled to between 10% and 30% of the recovery in a criminal or SEC enforcement action.[4]
How Much Time Do I Have to Bring an Action Under Applicable Whistleblower Law?
The amount of time varies, but, in most instances, it is a fairly short period. For example, among the whistleblower protections that are enforced by OSHA, claims must typically be filed with OSHA within 30 to 180 days after the negative employment action.[5] Under New York law, the time period is a little longer, one or two years, depending on the specifics of the violation.[6] Claims under CEPA have a one-year statute of limitations.[7] Finally, claims under the Dodd-Frank Act have a longer six-year statute of limitations.[8]
The above just scratches the surface of possible whistleblower scenarios and laws. If you would like to discuss your situation with us, please feel free to call or e-mail us at any time. You will be on the phone with an attorney within 24 hours.
[1] See generally NYLL §§ 740 and 741.
[2] https://www.whistleblowers.gov/sites/wb/files/2019-12/WB-Statute-Summary-Chart-10.8-Final.pdf
[3] https://www.nj.gov/labor/forms_pdfs/lwdhome/CEPA270.1.pdf
[4] https://www.sec.gov/spotlight/dodd-frank/whistleblower.shtml
[5] https://www.whistleblowers.gov/sites/wb/files/2019-12/WB-Statute-Summary-Chart-10.8-Final.pdf
[6] NYLL § 740(4).
[7] N.J.S.A. 34:19-5.
[8] 15 U.S.C. § 78u-6(h)(1)(B)(iii).