New York employees of federal contractors and federal agencies are protected from retaliation from their employers from speaking out about wrongdoing. This is commonly known as whistleblower protection
Common forms of retaliation may include:
- Termination of employment
- Reduction of work hours
- Reduction of pay
- Denial of benefits
- Demotion
- Denial of promotion or overtime
What is a protected disclosure?
The law states that governmental contractors or grantees cannot retaliate against an employee for making a “protected disclosure.” A “protected disclosure” must be:
- Based on the reasonable belief that wrongdoing occurred
- Made to a person or entity with authority to receive it
What is considered wrongdoing under whistleblower protection law?
There are several forms of wrongdoing under whistleblower protection laws. Some of the most common forms of wrongdoing may include:
- Grossly failing to adequately manage a federal contract or grant
- Grossly wasting federal funds
- Abusing authority with regard to federal contract or grant
- Violating law relating to federal contract or grant
- Causing a “substantial and specific danger” to public health/safety
To whom should a protected disclosure be made?
Protected disclosures must only be made to the appropriate individual or entity. Generally, according to Oversight.gov, contractors and grantees, disclosures must go to one of the following parties:
- Member of Congress (or representative of congressional committee)
- Inspector General
- Government Accountability Office
- Federal employee in charge of contract/grant oversight at the agency in question
- Authorized law enforcement agency official
- Court or grand jury
- Management official or other employee in charge of investigating misconduct
As an employee, you have the right to speak up if your employer is violating a law. If you experience retaliation for exercising your legal rights, you may be entitled to whistleblower protections and may file a retaliation complaint with the Offices of Inspectors General.
