Can I be fired for reporting illegal activity by my employer (whistleblowing)?

What the Law Says

New York law prohibits employers from retaliating against employees who report illegal activities — a practice known as whistleblowing. The key protection comes from the New York Labor Law.

Under New York Labor Law § 740, an employer may not discharge, suspend, demote, or otherwise penalize an employee because the employee reported, or threatened to report, a violation of law or regulation that creates a substantial and specific danger to public health or safety.

This protection applies only if the employee reasonably believes the reported activity is illegal and reports it to a supervisor or public body — and only if the employee first brings the issue to the attention of a supervisor (unless doing so would be futile or dangerous).

The law also covers situations where the employee refuses to participate in an illegal activity. Importantly, the employee must act in good faith — knowingly false or reckless reports are not protected.

Statutory Text

No employer shall take any retaliatory action against an employee because the employee discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer that is in violation of law, rule or regulation which violation creates and presents a substantial and specific danger to the public health or safety...

— NY Labor Law § 740(2) — Protection of employees who disclose violations

What Courts Have Said

New York courts have interpreted Labor Law § 740 narrowly in some respects but broadly affirmed its core purpose: protecting workers who speak up about serious wrongdoing.

What to Do

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