Last month, President Obama signed the FDA Food Safety Modernization Act, Section 1012, (FMSA), and in doing so, he granted historic whistleblower rights to employees in the food safety industry. The FMSA is broad in its scope and protects employees who work for companies “engaged in the manufacture, processing, packing, transportation, distribution, reception, holding or importation of food.” The FMSA prohibits an employer from retaliating against an employee who engages in protected activity by complaining about food safety violations of the Act. Some examples of protected activity include reporting food that was tainted, toxic or otherwise contaminated, reporting improper and dangerous additives were added to food, reporting that food was stored in a dangerous environment. Our New York Employee Rights Whistleblower Attorneys have represented many employees who have been retaliated against for exercising their rights because they engaged in protected activity. If you have been retaliated against, call (800) 893-9645 now to speak with one of our Employment Law Lawyers for a confidential consultation regarding your employee rights.
Critically, the FMSA has very limited deadlines to file a complaint with the United States Department of Labor. In general, claims must be filed within 180 days of the discriminatory action. Some types of claims may need to be filed earlier. It is very important for an employee to speak with an experienced whistleblower attorney immediately so that the employee’s claim is not jeopardized. An experienced attorney can help an employee navigate the complex administrative process with the Department of Labor and, if necessary, the process in Federal Court. If an employee is successful in proving a claim, the employee may be entitled to reinstatement, back pay and compensatory damages.
If you have been retaliated against or have questions about your employee rights and how to best deal with issues in your workplace, call now to speak with one of our New York Employee Rights Whistleblower Attorneys for a confidential consultation – (800) 893-9645.