Whistleblowers

A whistleblower is an individual (often a current or former employee, contractor, or anyone with information) who reports conduct that they believe to be unlawful (such as fraud, improper billing practices, unsafe work conditions, civil rights violations, or activity that threatens public health (such as toxic waste dumping).

There are many federal and state laws that protect whistleblowers. Some laws are general, while others cover specific industries. Federal laws offering protection for whistleblowers include (but are not limited to) the False Claims Act, the Sarbanes Oxley Act, and the Whistleblower Protection Act of 1989. There are multiple federal agencies, such as the U.S. Securities and Exchange Commission (SEC) and the Internal Revenue Service (IRS), with programs that offer monetary awards to whistleblowers whose information leads to a successful enforcement action. Other federal agencies don’t offer monetary awards, but do offer protection for whistleblowers and a channel for whistleblowers to report certain violations.

On the state level, New York State Labor Law also provides whistleblower protection for a broad range of industries. There is also a New York State Labor Law that covers healthcare workers who report substandard patient care. The most common type of whistleblowing case involves a provider’s submission of false claims for reimbursement to government healthcare programs, such as Medicare, Medicaid, and Tricare. If you become aware of unlawful conduct and want to stop it, you should promptly contact a whistleblower attorney—especially before you quit your job or are terminated, if possible. You may be entitled to a whistleblower award for your efforts.

An employer is not supposed to take any harmful action against you for engaging in lawful “whistleblowing” steps. Such lawful whistleblowing steps include:

1. Conducting an investigation or trying to stop or prevent fraud from occurring;
2. Reporting misconduct internally (within your company) or externally (outside of your company);
3. Filing a formal complaint or starting a lawsuit; and/or
4. Assisting government authorities.

If your employer does retaliate against you for engaging in whistleblowing activity, you should immediately contact a whistleblower lawyer to preserve and protect your rights.

Generally, if you disclose, threaten to disclose, testify in a hearing or refuse to participate in the illegal activity of your employer, you may not be fired, suspended, demoted, have your pay docked or reduced, or otherwise have your employment negatively impacted because of your whistleblowing. Typically, if you had a reasonable belief that violations occurred, you are still protected even if your employer turns out not to have broken the law.

If you are able to prove retaliation in court, you may be reinstated and receive back pay and financial compensation for other damages. Additionally, if you prove your employer is committing fraud against the government, you may also be entitled to file a lawsuit against your employer on behalf of yourself and the government. In these so-called “qui tam” cases, the government may or may not intervene, and you may be able to share in any monetary recovery. If you believe your employer or someone else is engaged in serious fraud against the federal, state, city, or local government, you should consult an experienced attorney immediately.

How do I know if I have been retaliated against for whistleblowing activities?

Retaliation stemming from whistleblowing activities can be obvious, or very subtle. The most obvious forms of retaliation include being fired, demoted, or refused promotion to a higher paying position; however, here are some examples of less obvious forms of unlawful retaliation:

• You report your employer to officials for unlawfully dumping sewage into the street. Shortly afterward, you are fired.
• You cooperate in an investigation into whether your employer unlawfully dumped sewage into the street and notice that little by little, your hours and responsibilities are reduced, and opportunities for advancement are being taken away.
• You have always received outstanding performance reviews. You reported a dangerous working condition to the Occupational Safety and Health Administration (OSHA), which your employer was ordered to fix. Your supervisor tells you that you are being demoted because “you are not a team player.”
• You work for a public company and notice accounting irregularities. You report these irregularities to the Securities and Exchange Commission (SEC) and cooperate in the agency’s investigation. You then start to be harshly criticized at work and even begin receiving anonymous threats to your safety.

Last Updated November 2025