Cohen & Mizrahi LLP Protects “Whistleblower” Rights in NYC

It is forbidden by state and federal law for an employer or a company to engage in any sort of retaliation against an employee who lawfully launched a complaint against illegal activity the employer was involved in. “Whistleblowing” usually occurs when a company engages in fraud, tax evasion, abuse and other unlawful activities.

Legally, it has been long established that employees often remain silent when witnessing unlawful conduct or discrimination at the workplace, particularly because of the immense pressure employer’s press upon them. Consequently, safeguards for those who report malfeasance and discrimination have been enacted to prevent retaliation. The legal team at Cohen & Mizrahi LLP is familiar with the protections in place, and can, therefore, defend whistleblowers that have faced reprisal. It is easy to believe that you would have the resolution to do something when faced with workplace discrimination, or witnessing illegal activities that put yourself and fellow co-workers at risk, however, the threat of job loss, or social stigma will often frequently force you to disregard and keep working rather than upholding what is right.

RETALIATION LEGALITIES

Employees, who report illegal activities in the workplace and work with government authorities, are protected from retaliation by several federal and state laws. The range of protections and how they are applied depends on the situation. Here are the types of Whistleblower Rights in place:

WAGE AND HOUR

Employees are protected by federal, state and local wage and hour laws from reprisal if they are cooperating with regulators; complain of unlawful wage practices, and or filing agency complaints.

DODD-FRANK

The Dodd-Frank Wall Street Reform and Consumer Protection Act permits whistleblowers in the finance sector who have received reprisal as a consequence of reporting to the SEC to sue for lost wages and other compensation.

SARBANES-OXLEY

Reporting of fraud or SEC rules violations by employees and contractors of publicly traded companies has been made less complicated by the Sarbanes-Oxley Act since 2002. This act is distinct from the Dodd-Frank Wall Street Reform and Consumer Protection Act, however, there is a lot of intersecting and often work together.

HARASSMENT & DISCRIMINATION

Employees are protected by the Americans with Disabilities Act, the Civil Rights Act, the Age Discrimination in Employment Act and all their state and municipal equivalents that make it illegal for an employer to retaliate against an employee he or she appeared as a witness, filed a complaint, cooperated with the authorities, or took any legal action toward workplace harassment and discrimination.

HELP FOR NEW YORK WHISTLEBLOWERS

It is not a simple decision to become a whistleblower. Ensuring you have a profession and experienced legal team to guide and counsel you through the process, can make the journey smoother. The lawyers at Cohen & Mizrahi LLP have experience fighting for victims of reprisal and whistleblowers across the spectrum – from restaurant kitchens to boardrooms. If you are contemplating becoming a whistleblower, or have already stepped forward and are enduring retaliation, contact us at Cohen & Mizrahi LLP.

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