Understanding Whistleblowing Retaliation
Whistleblowing retaliation happens when an employer takes adverse action against an employee who “reasonably believes” that the employer’s activity, policy, or practice is in violation of a law, rule, or regulation or poses a substantial and specific danger to public health or safety. Adverse actions include, but are not limited to, demotions, salary cuts, increased scrutiny or poor performance evaluations, or termination.
New York, for example, also does not require reporting if:
- there is an imminent and serious danger to public health or safety;
- the employee reasonably believes that reporting to the supervisor would result in a destruction of evidence or other concealment of the activity, policy, or practice;
- such activity, policy, or practice could reasonably be expected to lead to endangering the welfare of a minor;
- the employee reasonably believes that reporting to the supervisor would result in physical harm to the employee or any other person; or
- the employee reasonably believes that the supervisor is already aware of the activity, policy, or practice and will not correct such activity, policy, or practice.
Your right to report misconduct without fear of retaliation is protected by law. If you’re facing retaliation for blowing the whistle, D’Andrea Law PLLC is here to help you understand your rights and take action to safeguard your position and well-being.