NY Labor Law 740

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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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Snow-covered stairs at 8 Street subway entrance Snow-covered stairs at 8 Street subway entrance

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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