Work & wages · Your right
Whistleblower protection in New York: reporting illegal activity or safety dangers at work
Updated By The editorial teamNot reviewed by an attorney — based on the official sources below
In short
New York Labor Law § 740 bars retaliation against an employee who discloses, or threatens to disclose, to a supervisor or a government body something the employer does that the employee reasonably believes breaks a law, rule or regulation or poses a substantial and specific danger to public health or safety — or who testifies to an investigating agency, or objects to or refuses to take part in it. It covers former employees and individual independent contractors. Before going to a government body you usually must first tell a supervisor and give a chance to fix it. You must sue within two years.
Read on for the details, the exceptions and the sources.
In plain words
- Whistleblower
- Someone who reports, or refuses to take part in, wrongdoing by their employer.
- Public body
- A government body: Congress or a legislature, a court, a regulator or agency, police or a prosecutor, and their staff.
- Retaliatory action
- Firing, suspending, demoting, threatening, harming a former employee's job prospects, or threatening to report immigration status.
What is it?
A state law protecting workers who speak up about illegal activity or serious dangers. Section 740 covers violations of any federal, state or local law, rule, regulation, executive order, or judicial or administrative decision — not only health and safety violations.
Who qualifies?
Employees and former employees of any employer with one or more employees, and natural persons employed as independent contractors to carry out work in furtherance of the employer's business who aren't themselves employers (§ 740(1)(a)–(b)). Public employees are protected by a separate law, Civil Service Law § 75-b.
You're protected if you: (a) disclose or threaten to disclose to a supervisor or a public body an activity, policy or practice of the employer that you reasonably believe violates a law, rule or regulation, or that you reasonably believe poses a substantial and specific danger to public health or safety; (b) provide information to or testify before a public body investigating it; or (c) object to or refuse to participate in it (§ 740(2)) — whether or not reporting is part of your job.
Exceptions
- Before reporting to a public body, you must make a good-faith effort to notify the employer by bringing it to a supervisor's attention and give a reasonable chance to correct it (§ 740(3)).
- You don't need to tell the employer first if there's an imminent and serious danger to public health or safety; you reasonably believe reporting would lead to destruction of evidence or concealment, or to physical harm to you or someone else; the practice could reasonably be expected to endanger the welfare of a minor; or you reasonably believe the supervisor already knows and won't fix it.
- The employer has a defense if it proves its action was based on grounds other than your protected activity (§ 740(4)(c)).
- A court may order you to pay the employer's attorney's fees if your case was without basis in law or fact (§ 740(6)).
How much?
A court may order: an injunction; reinstatement to the same or an equivalent position, or front pay instead; restored fringe benefits and seniority; lost wages, benefits and other pay; reasonable costs and attorney's fees; a civil penalty of up to $10,000; and punitive damages if the violation was willful, malicious or wanton (§ 740(5)).
How is it calculated?
Lost pay is generally based on the wages, benefits and other pay you lost because of the retaliation; the court decides the amounts based on the evidence. You have the right to a jury trial (§ 740(4)(b)).
What documents do you need?
- Your report or objection and the date (e-mail is best)
- Proof you notified a supervisor first, or why an exception applied
- Documents showing the illegal activity or danger, if you lawfully have them
- Records of the retaliation: termination letter, schedule changes, discipline, threats
How do you get it?
Report internally in writing
Tell a supervisor what you believe is illegal or dangerous, in writing, and give a reasonable chance to correct it — unless an exception applies.
Report to the right agency
If it isn't fixed, report to the government body that oversees the issue.
Document retaliation
Keep a dated record of any adverse action that follows.
Sue within two years
You can bring the case in the county where the retaliation happened, where you live, or where the employer has its principal place of business (§ 740(4)(b)).
What if they refuse?
If you're retaliated against, your remedy is a court action under § 740(4). If the issue is a Labor Law violation such as unpaid wages, you can also use Labor Law § 215 and file with the NYS Department of Labor. Employers must post a notice of § 740 rights in a conspicuous place (§ 740(8)).
Deadlines
A § 740 lawsuit must be started within two years after the retaliatory action (§ 740(4)(a)). Labor Law § 215 retaliation claims also have a two-year limit.
Frequently asked questions
Do I have to be right that the law was broken?
No. You need a reasonable belief that the activity violates a law, rule or regulation, or poses a substantial and specific danger to public health or safety (§ 740(2)(a)).
I was fired after refusing to do something illegal. Am I protected?
Objecting to or refusing to participate in an activity you reasonably believe is illegal is protected (§ 740(2)(c)).
I work for a city agency. Does § 740 apply?
Public employees are generally covered by Civil Service Law § 75-b, which protects disclosures to a governmental body about violations creating a substantial and specific danger, or improper governmental action, and lets employees go to court under the terms of § 740 if no union arbitration process applies.
Want your own situation checked?
This page is general. Describe what happened, attach the letter or document you received, and get a free first answer — then, if you want, a full check against New York and federal law and a letter ready to send.
Check my situation — freeOfficial sources
This page was written from the sources below. “Checked” is the date the source was last opened and read.
- N.Y. Labor Law (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 740(1)–(8), § 215 · Checked: October 30, 2026Who is covered, protected activity, notice to the employer, remedies, two-year limit, posting
- N.Y. Civil Service Law § 75-b — Retaliatory action by public employers (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · Checked: October 30, 2026Protection for public employees
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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.