Whistleblower Law

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In Von Maack v. Wyckoff Heights Med. Ctr., 140 A.D.3d 1055 (N.Y. App. Div. 2d Dept. June 22, 2016), the court held that (1) an arbitration determination that plaintiff was terminated for just cause did not collaterally estop her from pursuing a retaliation claim under New York’s “health care whistleblower law”, codified at New York Labor Law…

Read More Health Care Whistleblower Claim Sufficiently Alleged; Arbitration Decision That Termination Was For “Just Cause” Did Not Preclude Retaliation Claim
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In Castro v. City of New York, No. 1036, 2016 WL 3919217(N.Y. App. Div. 1st Dept. July 21, 2016), the court held that a plaintiff asserting a claim under Civil Service Law § 75-b – the public-sector-employee whistleblower statute – is not required to file a notice of claim. That statute, as summarized by the court,…

Read More 1st Dept. Holds That Notice of Claim Requirement Does Not Apply to Civil-Service Whistleblower Retaliation Claims
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In Galbraith v. Westchester County Health Care Corp., 2016 NY Slip Op 04176 (App. Div. 2nd Dept. June 1, 2016), the court affirmed the trial court’s finding in favor of plaintiff, a perfusionist (Wikipedia definition here), on his whistleblower claim under New York Labor Law § 741. Here’s what happened: In October 2008, [plaintiff] was appointed as…

Read More Court Affirms $455K Award to Whistleblowing Perfusionist on Labor Law 741 Claim
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In Menghini v. Neurological Surgery, P.C., No. CV 15-3534, 2016 WL 3034482 (E.D.N.Y. May 24, 2016), the court denied defendants’ motion to dismiss plaintiff’s sexual harassment and whistelblower claims, as well as defendants’ motion to strike “redundant, immaterial, impertinent and scandalous” material from plaintiff’s complaint. The facts, briefly and as summarized by the court (here’s plaintiff’s…

Read More Plaintiff States Hostile Work Environment Claim Based on Allegations of “Sexually Charged” Comments
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In Fough v. Aug. Aichhorn Ctr. for Adolescent Residential Care, Inc., No. 18294/13, 2016 WL 2338423 (N.Y. App. Div. 2nd Dept. May 4, 2016), the court held that the defendant’s motion to dismiss plaintiff’s “whistleblower retaliation” lawsuit under CPLR 3211(a)(7) should have been denied – i.e., that plaintiff sufficiently alleged this claim. In sum, plaintiff (a…

Read More Nurse States New York Whistleblower (Labor Law § 740) Claim Based on Alleged Improper Supervision by Unqualified Person
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In McMahon v. New York Organ Donor Network, Inc., No. 156669/12, 2016 WL 1251204 (N.Y. Sup. Ct. Mar. 28, 2016), the plaintiff was terminated from his position as a probationary Transplant Coordinator of the New York Organ Donor Network. Plaintiff claimed that he was fired after making complaints that defendant’s employees were procuring organs from individuals…

Read More Court Orders Discovery of Other Employees’ Personnel Records in Whistleblower Retaliation Case
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In Kamdem-Ouaffo v. Pepsico, Inc., 133 A.D.3d 825, 21 N.Y.S.3d 150, 152 (N.Y. App. Div. 2015), the Appellate Division, Second Department dismissed plaintiff’s claim brought pursuant to New York’s “whistleblower law”, codified at Labor Law § 740. Plaintiff alleged that his employment was terminated, his contract was not renewed, and he was not offered a…

Read More Court Dismisses Labor Law § 740 (Whistleblowing) Lawsuit Arising From Termination Following Formaldehyde Complaint
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In Novak v St. Luke’s-Roosevelt Hosp. Ctr., Inc., 2016 NY Slip Op 00762 (App. Div. 1st Dept. Feb. 4, 2016), the court affirmed the dismissal of plaintiff’s “healthcare whistleblower” claim under New York Labor Law § 741. From the decision: Plaintiff alleges that defendants had retaliated against her for lodging a complaint with defendant supervisors regarding the…

Read More “Healthcare Whistleblowing” Claim Dismissed; Abandonment of Post Was Reason for Termination
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In Taft v. Agric. Bank of China Ltd., No. 15 CIV. 5321 (PAE), 2016 WL 80209 (S.D.N.Y. Jan. 6, 2016), the Southern District of New York ruled on defendant’s motion to dismiss plaintiff’s whistleblower retaliation claim under the Bank Secrecy Act (BSA). Plaintiff alleged that “she was subjected to frequent sexually charged comments and gender-related…

Read More Court Interprets Retaliation Provision of the Bank Secrecy Act
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In Magnotti v. Crossroads Healthcare Mgmt., LLC, No. 14-CV-6679 ILG RML, 2015 WL 5173528 (E.D.N.Y. Sept. 3, 2015), the court held the plaintiff, a pharmacist, plausibly alleged a claim of retaliation under the Americans with Disabilities Act. It explained: In order to state a claim for retaliation, plaintiff must allege that (1) he engaged in an…

Read More Pharmacist’s Complaint of Reduction in Hours After Surgery Supports ADA Retaliation Claim
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