Whistleblower Law

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In Nielsen v. AECOM Technology Corp. (decided August 8, 2014), the Second Circuit clarified the standard to be applied when evaluating whistleblower retaliation claims under Section 806 the Sarbanes-Oxley Act of 2002, codified at 18 U.S.C. § 1514A (SOX). Congress enacted SOX “[t]o safeguard investors in public companies and restore trust in the financial markets following the collapse of…

Read More Second Circuit Clarifies SOX Whistleblowing Standard
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The New York Court of Appeals held, in Webb-Weber v. Community Action for Human Servs., Inc. (decided May 13, 2014) that plaintiff adequately stated a claim under New York’s Whistleblower Law, Labor Law § 740(2)(a). That statute provides, in pertinent part: An employer shall not take any retaliatory personnel action against an employee because such employee … discloses,…

Read More Court of Appeals Broadly Interprets New York’s General Whistleblower Statute, Labor Law § 740
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In Lawson v. FMR, the Supreme Court recently broadened the reach of the Sarbanes-Oxley Act of 2002, which was enacted following the collapse of Enron Corporation. The whistleblower portion of the Sarbanes-Oxley Act, codified at 18 U.S.C. § 1514A, provides: No [public] company . . . , or any officer, employee, contractor, subcontractor, or agent…

Read More Supreme Court Holds That Sarbanes-Oxley (SOX) Act Protects Employees of Private Contractors
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Today Judge Reyes of the Eastern District decided Cabrera v. Fresh Direct, which narrowly interprets the waiver provision of New York’s Whistleblower Statute, Labor Law § 740. Plaintiff initially alleged gender and disability discrimination claims under the New York City Human Rights Law.  She then sought to amend her complaint to add a § 740 claim. That claim…

Read More City Human Rights Law Claims Are Not Barred By Whistleblower Law’s Election of Remedies Provision
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In Perez v. Progenics Pharmaceuticals, Inc., the Southern District of New York recently denied defendants’ motion for summary judgment on plaintiff’s claim that his termination violated the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1514A (SOX). Plaintiff, a Senior Manager of Pharmaceutical Chemistry at defendant who held a Ph.D and a master’s degree in organic chemistry,…

Read More Chemist’s Lawsuit Alleging Retaliatory Termination Under the Sarbanes-Oxley Act Survives Dismissal
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Last week employee Michael Spiegel filed suit against the Hotel Edison, alleging violations of New York’s general whistleblower statute (New York Labor Law § 740) and age discrimination under the NY State and City Human Rights Laws. Spiegel alleges that he was treated unfairly and then fired after complaining about dangerous open windows without window…

Read More Employee Files Whistleblower and Age Discrimination Lawsuit Against Hotel Edison
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In Barker v. Peconic Landing at Southhold, Inc., 2012 WL 3096036 (E.D.N.Y. July 30, 2012), plaintiff alleged disability discrimination and a violation of New York’s whistleblower statute, Labor Law Section 740. Plaintiff’s latter claim was that he was fired in retaliation for reporting “a growing drug problem among fellow nurses and nurse’s assistants”, thefts, and…

Read More Assertion of Whistleblower Claims Does Not Result in Waiver of Disability Discrimination Claims
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A recent decision, Thiebault v.Chelsea 23rd St. Corp., 108001/2011 (N.Y. Sup. (N.Y. Cty.) Feb. 3, 2012), illustrates (yet again) the limited reach of New York’s general whistleblower statute.  Plaintiff alleged that he was terminated because he refused to sign an affidavit of service containing false statements, in violation of that law.  The court disagreed. “In…

Read More NY Whistleblower Law Does Not Protect Employee Fired For Refusing to Engage in Perjury
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Frank v. State of New York et al., 2011 NY Slip Op 04588 (App. Div. 3d Dept. June 2, 2011): Plaintiff, a state employee, asserted claims under the public-sector whistleblower law (Civil Service Law § 75-b) and 42 U.S.C. § 1983 after he was demoted, then terminated, following his complaints of “improper governmental practices” that allegedly…

Read More NY Appellate Division: NY whistleblower election-of-remedies provision does not bar Section 1983 claim
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