Your Rights and Protections
Workers’ Compensation
An employee may not be discharged or discriminated against in retaliation for filing a workers’ compensation claim or testifying in a workers’ compensation proceeding. An employee may file a complaint with the New York Workers’ Compensation Board. The complaint must be filed within 2 years of the retaliatory action.
The Advocate for Injured Workers can help.
The Advocate for Injured Workers accepts complaints concerning matters related to workers’ compensation, investigates and attempts to resolve them. In addition, the Advocate provides information to injured workers to enable them to protect their rights in the workers’ compensation system. Call (877) 632-4996 or e-mail to: advinjwkr@wcb.ny.gov.
Protection Under OSHA & PESH
OSHA and PESH guarantee the employee’s right to file a safety and health complaint and will protect workers against retaliatory discrimination for raising a safety concern or starting any proceeding under or related to the OSHA/PESH Act. Employees who think they are being discriminated against may file a complaint with the nearest OSHA/PESH office. You must file the complaint within 30 days of the discrimination incident.
General Whistleblower Protection
An employee may not be discharged or discriminated against in retaliation for:
- Providing information or testimony to a public body in the course of an investigation, hearing, or inquiry into an activity, policy, or practice that presents a substantial and specific danger to the public health and safety.
OR
- Disclosing to a public body an illegal activity, policy, or practice of the employer making a complaint, instituting a proceeding, or testifying at a proceeding concerning a violation of New York’s labor laws that presents a substantial and specific danger to the public health or safety.
It is important to note:
- You must first make a good faith effort to bring the violation to the attention of a supervisor and give the employer a reasonable opportunity to correct the activity, policy, or practice, unless there is an imminent threat.
- Unlike many federal laws and laws in other states, an employee who mistakenly believes that a violation has occurred is not protected, even if that belief is reasonable and in good faith.
- You have 1 year to file.