In Ophir v. Koneksa Health Inc., No. 655301/2025, 2026 WL 1472577 (N.Y. Sup. Ct. May 19, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim asserted under New York Labor Law § 740 , finding that such claims were sufficiently alleged.
From the decision:
Defendants’ motion to dismiss Plaintiff’s New York Labor Law Claims is denied. Labor Law § 740 prohibits retaliation against any employee who “discloses or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer that the employee reasonably believes is in violation of law, rule or regulation.” The employee complaining of retaliation need not report an actual violation but must only demonstrate a “reasonable belief” that a law, rule, or regulation was violated (Pierce v Better Holdco, Inc., 2023 WL 6386920 at *6 [SDNY 2023]). Plaintiff’s complaint to Benko about the alleged incident of one employee spiking a female employee’s drink at a corporate event constituted a reasonable belief that several laws were violated, including laws related to sexual assault, sexual harassment, and battery (see, e.g. Zheng v Centers urgent Care Management, LLC, 228 AD3d 548, 548 [1st Dept 2024]; Lawlor v Wymbs, Inc., 212 AD3d 442, 443 [1st Dept 2023]). His termination less than one month after making the complaint to Benko, for purposes of a pre-answer motion to dismiss, is sufficient to allege a Labor Law § 740 violation.
Accordingly, dismissal was not warranted.