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Can my employer compromise my future job for whistleblowing?

On Behalf of | Jul 31, 2023 | Whistleblower Protection

Retaliation might take many forms. Your employer might put you in disadvantageous situations, such as isolating you from your colleagues, or they might terminate your employment. Even worse, they might compromise your prospects of finding your next job. Fortunately, New York’s Whistleblower Protection Law changes can help protect you from such adverse actions.

How did the law change?

The law went through several significant changes that took effect in 2022. Here are some of these changes:

  • Definition of employee. The law expanded the definition of “employee” to cover former employees and independent contractors who are themselves not employers.
  • Definition of retaliation. The amendment considers any action to discharge, threaten, penalize or discriminate against an employee, including threatening their future employment, as a form of retaliation.
  • Notification requirement. Employees may avoid the notification requirement in certain situations, such as if they believe that reporting misconduct can result in physical injury.
  • Statute of limitations. Amendments increased the statute of limitations from one year to two years after the retaliatory action.

The law also expanded potential remedies for whistleblowers who suffer retaliation.

How can these changes protect your future job?

Before the changes in the law, your employer could terminate your employment and then blacklist you in the industry, possibly discouraging other employers from hiring you in the future. The amendments to the law generally prevent such an outcome by ensuring that your protection continues long after you are no longer part of the organization.

Whistleblower protection laws are crucial to preventing wrongdoings in the workplace. If you feel that your employer treats you negatively or unfairly after you report misconduct, an attorney can help you protect your rights.