New York Whistleblower Law
Does not currently recognize a public policy exception to the at-will employment doctrine. Employees must obtain protection under a statute or a traditional common law remedy, such as libel. In 2021, New York State amended its whistleblower law to provide comprehensive protections. See New York Labor Code Section 740, as amended.
Court Decisions:
- Horn v. New York Times, 790 N.E2d 753 (N.Y. 2003)
- Murphy v. American Home Products Corp., 58 N.Y.2d 293 (N.Y. 1983)
Statutes:
- NY Civ. Serv. L § 75-B (retaliatory action by public employees)
- NY Lab L § 741 (retaliatory action by employers: healthcare)
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NY LAB L § 740 (Retaliatory action by employers; prohibition)
- The New York State False Claims Act is a state-of-the-art FCA and contains anti-retaliation provisions.
Frequently Asked Questions
Does New York have a False Claims Act (FCA)?
Yes. The New York False Claims Act covers a general range of fraud types, not just healthcare.
Does the New York FCA have a whistleblower provision?
Yes. Under the New York FCA, whistleblower claims can be brought based on violations of the state’s tax laws, provided the violator’s annual income exceeds $1 million and the damages exceed $350,000. In New York, a false claims whistleblower may receive an award of 15 to 25 percent of the collections in cases where the state intervenes and 25 to 30 percent in cases where there is no state intervention. Whistleblowers are also protected from retaliation.
Does New York recognize the public policy exception for wrongful termination?
No.
