February 10, 2022

Gerald Hathaway Discusses Expanded New York Whistleblower Law With SHRM

The Society for Human Resource Management

The Society for Human Resource Management (SHRM) reported that the State of New York has amended its whistleblower law to make it one of the most expansive in the country. The publication turned to New York labor and employment partner Gerald Hathaway for insight on the amendments to the law.

The article highlights that employer notification isn’t required when the employee reasonably believes that the supervisor or employer is already aware of the activity, policy or practice and won’t correct it. Hathaway noted that this “is such an enormous exception to the internal disclosure requirement that the requirement may as well not exist.”

The SHRM article also discusses policy best practices employers should implement. “The best policy is one of compliance,” Hathaway said. “Don't engage in illegal behavior that can be the subject of an employee complaint.”

He added, “Sometimes an employee can reasonably believe that a violation of the law is going on, but the employee is just wrong. In those cases, there can be a calm, candid conversation with the complaining employee to explain why the issue being raised does not involve a violation of any law.”

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