COVID-19 making it easier for employees to file whistleblower retaliation lawsuits

Recent class action litigation by New York court police officers shows how long-standing state whistleblower protection laws can lead to litigation against unwary employers during the COVID-19 crisis. As states continue to roll out and revise return-to-work plans with protective measures to ward off the virus, employees who complain employers aren’t following the standards to the letter might file “whistleblower retaliation” suits if they’re subsequently terminated or otherwise negatively affected at work. As you review and implement the various return-to-work guidelines, be sure to factor in the risk and take steps to mitigate it.

Whistleblower protection laws vary from state to state

Approximately half of the states have whistleblower protection statutes protecting employees from retaliation for exposing unlawful or unethical actions at work. The laws vary from state to state with regard to what kinds of employee actions trigger the protection: