Whistleblowing plays a critical role in exposing illegal or unethical conduct in the workplace. Employees who speak up about fraud, discrimination, safety violations, or other misconduct serve the public interest—and they have legal rights when doing so. Yet many workers fear that blowing the whistle could cost them their job, reputation, or career advancement.
This guide will walk you through what whistleblowing means, what protections exist under federal and New York law, how to recognize retaliation for whistleblowing, and what steps to take if you’ve faced retaliation for whistleblowing. Whether you work in the private sector or a government agency, understanding your rights around whistleblowing and retaliation is essential.
What Is Whistleblowing?
Whistleblowing occurs when an employee reports illegal, unethical, or unsafe practices within their workplace. These reports may be made internally (to a manager, HR, or compliance officer) or externally (to a government agency or the media). Common types of misconduct reported by whistleblowers include:
- Financial fraud (e.g., Medicare or Medicaid fraud)
- Wage and hour violations
- Discrimination or harassment
- Unsafe working conditions
- Environmental law violations
- Violations of SEC or Sarbanes-Oxley regulations
Federal laws such as the False Claims Act, Occupational Safety and Health Act (OSHA), and Dodd-Frank Act provide protections for employees who report misconduct. In New York, additional laws offer robust protections for workers who come forward in good faith.
Legal Protections Against Retaliation for Whistleblowing
Retaliation against whistleblowers is illegal. Both federal and New York State laws prohibit employers from punishing employees for reporting wrongdoing. These laws are designed to encourage transparency, prevent cover-ups, and hold organizations accountable.
Federal Protections
Federal whistleblower protection laws include:
- False Claims Act (FCA) – Protects employees who report fraud against the government, such as Medicare or Medicaid fraud.
- OSHA Whistleblower Protection Program – Covers workers who report safety, health, or other violations.
- Sarbanes-Oxley Act – Applies to employees in publicly traded companies who report securities fraud.
- Dodd-Frank Act – Offers protections and financial incentives to whistleblowers who report violations to the SEC.
New York State Protections
In January 2022, New York State significantly expanded its whistleblower protection law (Labor Law § 740). The law now protects employees who:
- Disclose or threaten to disclose employer activity that violates any law or regulation
- Provide information or testify in investigations or legal proceedings
- Object to or refuse to participate in illegal conduct
Importantly, New York’s law applies not only to actual violations but also to conduct the employee reasonably believes to be illegal or dangerous.
What Constitutes Retaliation Against Whistleblowers?
Retaliation against whistleblowers can take many forms, and it doesn’t have to involve direct termination. Any adverse employment action that punishes or discourages whistleblowing may be considered retaliation under the law.
Common Examples of Retaliation:
- Termination or demotion
- Reduction in pay or hours
- Negative performance reviews
- Exclusion from meetings or opportunities
- Verbal harassment or threats
- Creating a hostile work environment
- Transferring the employee to an undesirable position
If you notice a change in how you’re treated after reporting wrongdoing, you may be experiencing retaliation for whistleblowing—and you have legal recourse.
Examples of Protected Whistleblower Activity
To be protected under whistleblower laws, your actions must fall under certain categories. These include:
- Reporting suspected Medicare or Medicaid fraud to the Department of Health and Human Services
- Notifying OSHA about unsafe working conditions in a warehouse or factory
- Informing HR or leadership about racial or gender-based harassment
- Cooperating with a government investigation or audit
- Refusing to participate in an illegal activity, such as falsifying records or misleading regulators
Importantly, you are protected even if the misconduct you report turns out to be unfounded, so long as you had a reasonable belief it was unlawful or unethical at the time.
How to Document and Respond to Retaliation for Whistleblowing
If you believe you’re experiencing retaliation for whistleblowing, documentation is critical to protecting your rights and building a legal case.
Steps to Take:
- Document Everything – Keep a written record of your original complaint, who you reported it to, and any subsequent actions that appear retaliatory.
- Preserve Evidence – Save emails, text messages, HR reports, or performance reviews that show a shift in how you’re treated.
- Report Internally First (if safe) – Let your employer or HR department know about the retaliation, giving them an opportunity to correct it.
- Consult a Whistleblower Attorney – An experienced whistleblower lawyer can help you determine whether you have a case and guide you through filing a claim with the appropriate agency or court.
Strict deadlines may apply, depending on the law that protects you. Speaking with an attorney promptly is essential to preserving your rights.
How The Howley Law Firm Can Help With Retaliation Against Whistleblowers
The Howley Law Firm in New York has over 30 years of experience representing whistleblowers who’ve faced retaliation for doing the right thing. We focus on protecting employees in complex whistleblower cases, including those involving Medicare and Medicaid fraud, employer billing schemes, and corporate cover-ups.
Whether you’ve been demoted, harassed, or fired for speaking out, our team can help you build a strong legal case. We understand how overwhelming it can be to face retaliation from your employer, and we are committed to fighting for justice and compensation on your behalf as your whistleblower lawyer.
Don’t Let Retaliation Go Unchallenged—Contact The Howley Law Firm Today
If you’ve been the target of retaliation for whistleblowing, you don’t have to face it alone. The law is on your side—and so are we. At The Howley Law Firm, we stand with whistleblowers and help them assert their rights under both federal and New York law.
Contact us today to schedule a confidential consultation with our team. We’ll review your situation, explain your legal options, and take decisive action to protect your career and reputation. Let us help you hold your employer accountable and seek the justice you deserve.
FAQs
While your employer might try to fire you, doing so in retaliation for whistleblowing is illegal. If you are terminated for speaking up, you may have grounds for a wrongful termination or whistleblower retaliation claim.
Yes. Retaliation against whistleblowers is strictly prohibited under both federal and New York State laws. Employers are not allowed to punish employees for reporting misconduct in good faith.
No. You are protected as long as you report the activity in good faith and have a reasonable belief that the conduct was illegal or unethical—even if it turns out to be incorrect.
You’ll need to show a connection between your whistleblowing activity and the adverse actions taken against you. This can include timing, documentation, or any changes in behavior or performance reviews following your report.
