Our whistleblower attorneys represent employees who have been retaliated against by their employers for discrimination claims and reporting illegal, unsafe or fraudulent practices by their employers. Our labor and employment law attorneys have represented employees who have “blown the whistle” by reporting their employers improper conduct to government agencies or law enforcement. Retaliation can include mistreatment, wrongful termination, reassignment, demotion and the denial of promotion and benefits. Call now at (800) 893-9645 to speak with one of employment law attorneys to discuss your employment rights.

Illustrative examples of whistleblowing may be when an employee is fired, harassed, demoted, reassigned or denied a promotion for the following:

• refusing to participate in illegal activity when requested by employer and protected by state labor and employment laws;
  
• filing discrimination charges with the Equal Employment Opportunity Commission, New York State Division on Human Rights or an equivalent agency;
• reporting of illegal activities that an employee had a reasonable belief that was occurring even if that employer is later found to be innocent;
• reporting illegal employer activities to employer or law enforcement;
• assisting in an investigation of an employer accused of illegal conduct;
• reporting violations of environmental protection laws (Clean Air Act, Comprehensive Environmental Response, Safe Drinking Water Act, Solid Waste Disposal Act, Toxic Substance Control Act, Water Pollution Control Act); and
  
• reporting workplace safety violations (Occupational Health and Safety Administration).
  

The Sarbanes-Oxley Act

Our whistleblower attorneys represent employees who are protected under The Sarbanes-Oxley Act (“SOX”), which prohibits employers from retaliating against employees who report a federal offense by a public company boards, management and public accounting firms fraud. Under SOX, an employee of a public company may not be retaliated against for disclosing conduct that the employee reasonably believes violates federal law relating to fraud against the shareholders.

For example, under SOX, a company cannot retaliate against an employee for reporting fraud in publicly traded companies internally or to a government agency such as:

• deceiving and manipulating investors with the intentional result of theft
• deceitful accounting practices
• deceitful financial statements and disclosures

Qui Tam – “he who sues in this matter for the king as well as for himself”

Our lawyers represent employees who may be entitled to part of a penalty for assisting in the prosecution of their employer. In a qui tam lawsuit, employees may recover damages when an employer defrauds the government. An employee may recover damages when an employer defrauds the government.

False Claims Act

Our firm represents employees who as private individuals sue employers for fraud of the federal government under the False Claims Act. Employees are rewarded for their whistleblowing by receiving a portion of the recovered damages.

Examples of violations of the False Claims Act is retaliating against an employee for reporting their employers fraud against the government, such as:

• government contractor fails to clean up a hazardous or toxic site in compliance with government regulations
• Cost padding to inflate invoices submitted to the government
• Underreporting the quantities of oil, gas, timber or materials taken from land to defraud government in paying royalties owed
• Using government grant funding on an unrelated project
• Product substitution in government projects
• False certification of compliance with government project specifications
• Concealing property of government

Tax Fraud and Complaints to Internal Revenue Service

Our lawsuit lawyers represents employees who as private individuals who report tax fraud committed by their employer. Employees may be rewarded for their whisteblowing by receiving a portion of the recovered damages. For example, an employee may receive a reward from the Internal Revenue Service for reporting employer tax fraud and tax underpayments. For example, some employers may misclassify large groups of employees as independent contractors to avoid payroll and other taxes.

For example, if a current or former employee is aware that his employer is underpaying taxes or evading federal taxes in the amount of two million dollars or greater, he should contact us immediately. Our attorneys are skilled in advising such employees and representing them so that they may be eligible to receive a portion of the underpayment or non-payment.

New York State Labor Law Section 740 and Section 741

Our workplace rights lawyers represent employees who have been retaliated against for reporting a violation of a law, rule or regulation which creates a danger to public health or safety by their employer in violation of the New York State Labor Law. Employees who disclose, threaten to disclose, testify in a hearing or refuse to participate in the illegal activity may not be retaliated against. Retaliation includes discharge, suspension, demotion or other adverse employment actions that are taken against an employee. In addition, Section 741 of the New York State Labor Law also prohibits employers from retaliating against health care employees who report improper patient care.

Illustrative examples of violations of the New York State Labor Law Section 740 and Section 741 are retaliatory actions taken by employers against employees who have:

• Reported improper patient care in hospitals and nursing homes
• Reported employer activities which have been a danger to public health and safety
• Refused to participate in improper patient care or activities that cause danger to public health and safety
• Provided information or testified before a public body who is investigating an employers violation of a law or regulation
• Reported safety violations that affect the public health safety