Jesse Weinstein is a seasoned employment attorney whose multi-jurisdictional practice focuses heavily on whistleblower retaliation, particularly under New York Labor Law § 740. He and his team at Arcé Law Group, P.C. have secured nearly $15 million in whistleblower-related settlements on behalf of clients ranging from senior executives to C-suite leaders. Notable outcomes include a $5.25 million settlement for a law firm partner who exposed client-related misconduct, a $2.1 million settlement for a financial executive who reported regulatory fraud, and a $1 million recovery for a consulting executive who blew the whistle on corporate overbilling practices. Jesse brings a strategic, results-driven approach to every case, helping employees expose wrongdoing and protect their careers.
The cultural perception of whistleblowers is often layered and dramatic—shaped by films, television, journalism, and high-profile scandals. In pop culture, whistleblowers are typically cast in one of two opposing roles: courageous truth-tellers risking everything, ortraitors exposing secrets, depending largely on the storyteller’s perspective. These portrayals can significantly influence how juries, the public, and even employers view real-life whistleblowers—sometimes generating empathy and admiration, but just as often fueling suspicion and distrust.
As a result, whistleblowers are frequently stigmatized with labels like “rat,” “narc,” or “mole,” viewed as disloyal to their organizations rather than principled insiders standing up for what’s right. This cultural baggage can make it incredibly difficult for employees to recognize themselves as whistleblowers—not only in the moment, as they witness or report unethical behavior, but also in hindsight, after experiencing retaliation or other adverse employment actions.
Drawing from my experience representing dozens of whistleblowers, I’ve found that many clients—particularly recently separated executives—initially contact me with a simple request: to review the terms of their severance agreements. Their primary concern is often the legal and financial implications of what they’re being asked to sign. However, as an experienced whistleblower attorney, my instinct is always to look deeper—to explore the circumstances surrounding their departure. More often than not, these conversations uncover potential retaliation, protected disclosures, or misconduct that the client may not have realized could form the basis of a whistleblower claim.
Under New York Labor Law (“NYLL”) § 740, the state’s whistleblower statute for private-sector workers, both employees and independent contractors are protected from retaliation if they report, object to, or refuse to participate in conduct they reasonably believe violates a law, rule, or regulation—or poses a substantial and specific danger to public health or safety.
In reality, as an executive, you are uniquely positioned with direct access to your organization’s business practices at the highest level. This means that if misconduct occurs, it’s more likely than not that you will witness it firsthand. If you're the type of leader who feels compelled to speak up when confronted with unethical or unlawful behavior, your role strengthens your position under NYLL § 740. Specifically, your proximity to decision-making and internal operations gives weight to your “reasonable belief” that a law, rule, or regulation was violated—making it easier to demonstrate that your concerns were both informed and justified under the statute.
Whether you’ve been offered a severance package, suspect that your job may be at risk, or have observed unethical or illegal conduct by your employer, it’s important to ask yourself several key questions as you navigate this critical point in your employment:
Was I treated differently after raising concerns?
If you reported misconduct—internally or externally—and experienced termination, demotion, exclusion from meetings, or sudden performance issues afterward, you may have been retaliated against.
Did I raise concerns about conduct that could be illegal or unsafe?
New York's whistleblower laws, including NYLL § 740, protect employees who report violations that pose a risk to public health, safety, or violate laws, rules, or regulations.
Am I being asked to sign away rights?
Severance agreements often include waivers, as well as non-disparagement and confidentiality clauses. It’s essential to fully understand what rights and claims you may be relinquishing before signing. While financial compensation is often a primary concern, there are also critical non-monetary elements to consider—such as deferred compensation, vested assets, how your departure is characterized, and restrictive covenants like non-solicitation and non-compete clauses. In many whistleblower cases, our holistic approach involves carefully reviewing and leveraging these potential claims to maximize the overall value and protections of your severance package.
Could I be considered a whistleblower under the law—even if I didn’t think I was one?
Many employees don’t realize they engaged in protected activity. If you flagged wrongdoing in good faith, even informally, you may qualify for legal protection.
Who can be a whistleblower?
As NYLL § 740 extends protection to all employees, including independent contractors and former employees, its coverage spans every conceivable job title. Here are the types of clients I have represented under this statute:
- C-Suite & Senior Executives: Founder, Partner, CEO, COO, CFO, CCO, CHR, CPO
- Upper Management: EVP, SVP, VP, managing directors, senior directors
- Other Leadership Roles: various managerial positions
Employees in executive and managerial roles often have the first glimpse of internal misconduct—thanks to their access to sensitive information and proximity to decision-making. However, NYLL § 740 protects all employees, not just those at higher levels. At Arcé Law Group, P.C., we are equally proud to represent frontline, non‑managerial employees who bravely reported wrongdoing and invoked NYLL § 740 protections with as much force as their executive-level counterparts.
What constitutes reporting misconduct under New York’s Whistleblowing Statute?
One of the most employee-friendly aspects of NYLL § 740 is that it does not require complaints to be in writing or follow any formal procedure. The law protects employees who report misconduct verbally or in writing to a higher-ranking individual within the organization. Importantly, the recipient of the report does not need to be the direct supervisor of the employee making the complaint for the protections to apply.
What if I am not certain that the misconduct I have reported actually occurred?
You are still protected under NYLL § 740. The law does not require that your concerns be proven correct—only that you had a reasonable belief that the reported misconduct fell within the statute’s protections. The purpose of the law is not to turn employees into legal experts, but to ensure employers respond appropriately and do not retaliate against those who raise good-faith concerns.
Could I still be protected under New York’s Whistleblower Law if I was not fired?
Yes. Termination is not the only form of retaliation covered under NYLL § 740. The statute defines retaliation broadly to include a wide range of adverse actions, such as demotion, loss of responsibilities, reductions in pay, hours, or benefits, negative performance evaluations, and disciplinary measures like suspension or written warnings. It also protects against harassment, the creation of a hostile work environment, threats or intimidation, blacklisting, damage to your professional reputation, refusal to hire or rehire, and even constructive discharge—when an employer makes working conditions so intolerable that the employee is effectively forced to resign. In short, any action that would discourage a reasonable person from reporting misconduct may qualify as unlawful retaliation under the statute.
If any of these questions resonate with you, it's essential to speak with an experienced employment attorney before taking further steps. You may have more leverage—and legal protection—than you realize. For a confidential, no-obligation consultation, please contact Jesse Weinstein, Arcé Law Group, P.C.’s leading whistleblower expert.