Statute of Limitations
If you believe that your New York employer has committed fraud against the government or other legal violations or misconduct, and you are considering filing a qui tam action or reporting the fraud, it is crucial to be aware of the statute of limitations. There is a limited window of time within which to take action to file a qui tam claim, and there is also a limited window of time within which to file a retaliation lawsuit, should you need to file it. Failing to take action within the statute of limitations specified under the statute can result in losing the right to receive a financial reward for reporting fraud, or being barred from filing your retaliation claim. The New York City whistleblower lawyers at Phillips & Associates can help you protect your rights.Statutes of Limitations
Some employers take retaliatory or discriminatory actions against employees for reporting misconduct. There are different statutes of limitations to bring retaliation lawsuits under the various whistleblower statutes. In some cases, there are time limits with regard to obtaining an award for blowing the whistle as well, and it can be helpful to consult with an attorney once you learn of an employer's misconduct to make sure that you follow the rules and procedures set forth under the appropriate statute or statutes.The False Claims Act
The False Claims Act allows a whistleblower to file a qui tam lawsuit against someone committing fraud against the government and possibly receive part of the recovery gathered from that lawsuit as a reward for whistleblowing. The general statute of limitations for filing a qui tam lawsuit is six years after the date on which a false claim was made. There are exceptions to this statute of limitations. The statute of limitations for filing a qui tam claim is three years after the appropriate federal official was notified of the possibly fraudulent activity. You definitely cannot file more than 10 years after the fraud happened. However, courts have held that the statute of limitations for whistleblower claims has been tolled under the Wartime Suspension of Limitations Act of 2002 when military actions were authorized in Iraq. That means that a court may find that the clock has stopped running on the statute of limitations for FCA claims during periods of war.
The statute of limitations to file a lawsuit if your employer retaliates against you under the False Claims Act is three years.Sarbanes-Oxley Act
If you have been subject to retaliation under the Sarbanes-Oxley Act as an employee of a publicly traded company, you must file a written complaint with the Department of Labor within 90 days of learning of the discrimination, harassment, or retaliation to which you were subjected.Dodd-Frank Act
If you are an employee with concerns about securities laws violations, you should go directly to the SEC with your concerns.
The Dodd-Frank Act's statute of limitations for retaliation is more similar to the statute for the False Claims Act than the statute for Sarbanes-Oxley. Under Section 21F, you cannot file a retaliation action more than 6 years after the retaliatory acts. An employee also can file a retaliation action up to 3 years from the date when material facts were known or reasonably should have been known by the employee, but not more than 10 years after the violation happened. The Dodd-Frank Act has a two-year statute of limitations if you wish to bring a retaliation lawsuit based on the Commodity Futures Trading Commission's whistleblower program.Learn About Your Options by Consulting a New York City Attorney
It is often important to work with an attorney in connection with blowing the whistle on your employer, and it is crucial to consult an attorney if you have been subjected to retaliation for reporting your employer for misconduct. If you are concerned about the statute of limitations for a whistleblower claim involving a New York City workplace, you should consult an experienced employment litigator. You can contact Phillips & Associates at (212) 248-7431 or through our online form for a free consultation. We handle employment disputes in the boroughs of the Bronx, Queens, Brooklyn, and Manhattan; the counties of Westchester, Nassau, and Suffolk; as well as New Jersey, Connecticut and Pennsylvania.
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