Generally, retaliation occurs when an employer takes an adverse action against an employee for engaging in a protected activity. One protected activity is blowing the whistle on your employer by sharing original information about a legal violation with the authorities. Whistleblower activities that are protected are different, however, under different federal statutes. It is critical to retain a New York City whistleblower retaliation lawyer if you believe that you have been subject to retaliation for whistleblowing. At Phillips & Associates, our experienced attorneys may be able to represent you in a retaliation lawsuit.False Claims Act Retaliation
The False Claims Act prohibits businesses or individuals from making false claims for payment to the federal government. It also provides for a procedure whereby you can bring a sealed qui tam action against the individual or business that engaged in fraud or false statements in its claims for payment to the federal government. To establish retaliation under the False Claims Act (FCA), you will need to show that: (1) you were involved in activities that are protected under the FCA, (2) the employer knew that you engaged in a protected activity, and (3) the employer discriminated against you because of your engagement in a protected activity.
You are engaged in a protected activity if you investigate something that is calculated to lead or reasonably might lead to a successful False Claims Act lawsuit. Activities that could lead to a viable claim include any sort of fraud against the federal government. You must in good faith believe that your employer is possibly perpetrating fraud against the government. Your investigation does not need to take a specific form. For example, if you believe in good faith that your employer is submitting false claims for payment to Medicare, a whistleblower retaliation attorney in New York City can help you file a qui tam action and seek protection against retaliation.Sarbanes-Oxley Retaliation
Under Section 806 of the Sarbanes-Oxley Act (SOX), there is whistleblower protection for employees of publicly traded companies. SOX makes it illegal for a publicly traded company to suspend, demote, discharge, or take other adverse actions against an employee because of a legal act performed by the employee to give information, cause information to be given, or otherwise reasonably help in an investigation about any actions that the employee reasonably believes are a violation of any SEC rule or regulation, or any provision of federal law prohibiting fraud against shareholders. For example, you may have a retaliation claim if you notify the SEC about insider trading at your brokerage firm, and you are terminated a month later.
In order to prove a claim of retaliation, your New York City whistleblower retaliation attorney will need to prove that it is more likely than not that: (1) you engaged in a protected activity, (2) the employer knew that you did, (3) you experienced an unfavorable personnel action, and (4) the protected activity was a contributing factor in the unfavorable action.Dodd-Frank Retaliation
The Dodd-Frank Act makes it unlawful for an employer to directly or indirectly harass, threaten, demote, terminate, or take other adverse actions against an employee because they reported suspected securities law violations to the SEC. Protected activity under Dodd-Frank includes giving information to the SEC, initiating, testifying in, or helping with an SEC investigation or other action, or making disclosures protected or mandated under SOX, the Securities Exchange Act of 1934, or certain other legal provisions. It is important to realize that you must report the violation to the SEC to be eligible for protection. If you are not able to claim that you reported misconduct to the SEC, you cannot bring a claim of retaliation.Hire an Experienced Whistleblower Retaliation Lawyer in New York City
It is crucial to hire an experienced attorney if you believe that you have been mistreated in the workplace due to your whistleblowing activities. If you are concerned about retaliation under whistleblower laws, you should consult the skillful employment litigators at Phillips & Associates at (212) 248-7431 or through our online form for a free appointment. We handle employment litigation in the boroughs of the Bronx, Queens, Brooklyn, and Manhattan; the counties of Westchester, Nassau, and Suffolk; as well as New Jersey, Connecticut and Pernnsylvania.
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