Whistleblower (Labor Law 740) Claim Dismissed Against NYC DEP

From Deutsch v. City of New York Dept. of Envtl. Protection, 2019 NY Slip Op 30063(U), Index 161139/2017 (NY Sup. Ct. NY Cty. Jan. 7, 2019):

Furthermore, none of the complaint allegations suggest that plaintiff complained about something that his employer was doing that would fall into the category of creating and presenting a danger to the public health or safety. In addition, plaintiff complains, in opposition, that he was denied a pre-termination hearing; however, he does not allege hat he was terminated. While, in opposition, plaintiffs counsel states that plaintiff complained to his employer about being wrongfully charged with an act of alleged workplace violence, the complaint does not reveal such an allegation. Indeed, plaintiff alleges that he was very upset by being accused of workplace violence and wanted to try to make amends, as he felt that such a course of conduct would aid him in maintaining sobriety. Plaintiff also has not supplemented his complaint with an affidavit about a complaint that he made. Furthermore, assuming, for argument’s sake, that plaintiff did complain about the fact that a complaint was lodged against him, as stated above, the other requirements of Labor Law § 740 are not stated in the complaint. Consequently, it is unnecessary for the court to reach defendants’ argument that there was no adverse employment action taken against plaintiff.

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