Whistleblower Laws & Qui Tam Actions in NY

In NY, whistleblower laws protect employees from retaliation when they have good grounds to suspect or know for certain that their employer engages or engaged in illegal or unethical wrongdoings that may be potentially damaging to the company, employees, or community. Whistleblower laws state an employer “cannot discharge, suspend, demote or take any other adverse employment action” if an employee discloses, provides information, testifies, or “refuses to participate in an action that violates law, rule, or regulation.” Beranbaum Menken LLP’s NY whistleblower attorneys have the experience and skill necessary to protect you when you choose to reveal your employer’s wrongdoing to the authorities or the media.

In addition, we have developed a strong reputation as one of the preeminent qui tam law firms in NY. In qui tam cases, the whistleblower files suit seeking damages on behalf of the government, where the whistleblower knows of fraud perpetrated against the government. The government has the option to intervene in the case as a fellow plaintiff. If the government intervenes and you prevail, you will receive a portion—usually about 15 to 25 percent—of the awarded damages. If the government does not intervene and you prevail, you may receive a larger portion of the damages, closer to 30 percent.

Both Federal and New York State False Claims Acts provide legal protection to whistleblowers, allowing them to take direct action against wrongdoers with lessened personal risk. As of 2010, New York’s False Claims Act even extends to tax fraud, permitting individuals with knowledge of tax fraud against NY to work with a qui tam lawyer to recover this money. Qui tam attorneys in NY and their clients are also benefiting from the increased whistleblower protection the 2010 amendments to the state’s False Claims Act provides.

The primary difference between whistleblowing cases and qui tam cases lies in the nature of the wrongdoing the employee wants to reveal. Whistleblowers may reveal any type of unethical, illegal, misleading, or unpalatable practice by their employer, and may reveal it to the government or the media. In qui tam cases, the whistleblower reveals financial fraud against the government.

In New York, qui tam whistleblowers have traditionally revealed health-care related fraud, but with the 2010 modifications to the False Claims Act, tax fraud will surely become a significant portion of NY qui tam cases. If you are aware of wrongful acts by your employer, you should speak to a whistleblower attorney in NY as soon as possible to determine whether your case falls under the Federal or State False Claims Act and how to protect your interests.

Recent whistleblower cases in NY

At Beranbaum Menken LLP, our NY whistleblower attorneys represent employees and individuals who are whistleblowers. We represent plaintiff-relators in qui tam and whistleblower suits brought under both the Federal and New York State False Claims Act. In the case of U.S. ex rel. Gallagher v. InterMune, Inc., C 04-4323 (N.D. Calif.), the U.S. government intervened and the case was settled against a drug company for $40 million. In the case of Criado v. ITT Corp., 61 Fair Empl.Prac. (as (BNA) 321, 8 I.E.R. cases (BNA) 1267 (S.D.N.Y. 1993), our client was wrongfully terminated from his position for whistleblowing. The company filed a motion stating that Criado was not terminated for this reason because he did not follow the law in filing his complaint. After litigation in court, it was determined that the motion was denied and ITT was required to pay Criado $250,000 upholding the jury verdict in favor of the whistleblower.

Contact Our Experienced NY Whistleblower Lawyers

The New York whistleblower lawyers of Beranbaum Menken LLP advise, counsel, negotiate, and litigate on behalf of our clients. Our attorneys are highly experienced and well known and respected in their practice areas. For help with whistleblower and qui tam actions, please contact the NY employment lawyers at Beranbaum Menken LLP to schedule an initial consultation or call us at 212-509-1616.