It can be incredibly difficult for an employee to make fraud allegations, or voice civil rights or safety concerns, about the company that pays him. Both state and federal legislators have long recognized this, as well as the fact that most of these situations would never come to light unless workers were assured they would be shielded from institutional backlash and retaliation. This is why we have whistleblower protection laws at both the state and federal level.
Still, employees must proceed with extreme caution because if their action does not meet the specific criteria of protected activity, they may find it difficult to remedy any adverse impact on their career. Consultation with an experienced whistleblower attorney in New York City will be key to determining whether assertions will be protected. Additionally, per both the state and federal False Claims Acts, the worker who blows the whistle on government fraud may be entitle to a significant portion of the recovery via a qui tam lawsuit.
What is classified as whistleblowing activity? There are 17 federal statutes that contain provisions for whistleblower protections, and protections are extended through the Occupational Safety and Health Administration (OSHA). These are: the Occupational Safety and Health Act, the Surface Transportation Assistance Act, the Asbestos Hazard Emergency Response Act, the International Safe Container Act, the Energy Reorganization Act, the Clean Air Act, the Safe Drinking Water Act, the AIR21 Act, the Sarbanes-Oxley Act, the Pipeline Safety Improvement Act, the Federal Rail Safety Act, the National Transit Systems Security Act and the Consumer Product Safety Improvement Act.
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