URMC Compliance Program Policy Manual:
Non-Retaliation

URMC will not tolerate retaliation against employees and professional staff who report suspected violations in good faith. Any person who attempts to retaliate will be subject to discipline, up to and including termination.

Certain additional protections are provided by State and Federal Law. The New York State and Federal False Claims Acts protect employees who are discharged, demoted, suspended, threatened, harassed or discriminated against by their employer in retaliation for assisting in the investigation, initiation or prosecution of a False Claims Act violation or suit. The protections afforded under the False Claims Acts may include reinstatement with comparable seniority, two times the lost back pay with interest, compensation for special damages, reasonable litigation costs and fees.

The New York State Labor Laws protect employees who are discharged, demoted, suspended or subject to adverse action by their employer for disclosing or threatening to disclose certain kinds of information to their supervisor or to a public official or agency. The disclosures that may be protected under the Labor Laws include (a) disclosures of information about Health Care Fraud under the New York State Penal Law, (B) disclosures of violations of law that create a substantial and specific danger to the public, and (c) disclosures of information about improper quality of patient care. The protections afforded to employees may include an injunction (court order), reinstatement to the same job and seniority, back pay, lost wages, reasonable litigation costs and fees.

Employees should bear in mind that in some cases the Labor Law protections may apply only if the employee disclosed the matter to his or her supervisor and allowed his or her employer a reasonable opportunity to correct the problem.

For more information, see New York State Finance Law section 191, New York Labor Law sections 740 and 741 and the Federal False Claims Act, 31 USC section 3730.