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Whistleblower Law

In Mehulic v. New York Downtown Hosp., 2017 NY Slip Op 06416 (App. Div. 1st Dept. Sept. 12, 2017), the court reversed the trial court’s Order granting defendant summary judgment on plaintiff’s retaliation claim under Labor Law § 741 on the ground of collateral estoppel. From the decision: However, the motion court erred in finding that plaintiff’s […]

In Ruiz v. Lenox Hill Hosp., No. 160377/15, 2017 WL 213802 (N.Y. App. Div. 1st Dept. Jan. 19, 2017), the First Department affirmed (in part) a lower court’s decision addressing plaintiff’s claims under New York’s general and health-care whistleblower laws (N.Y. Labor Law §§ 740 and 741) Here are plaintiff’s allegations, as summarized by the court: […]

In Yang v. Navigators Group, Inc., No. 16-77-CV, 2016 WL 7436485 (2d Cir. Dec. 22, 2016) (Summary Order), the court vacated an award of summary judgment in favor of defendant Navigators Group, Inc. on plaintiff’s claim of retaliatory discharge for protected whistleblowing activity in violation of Section 806 of the Sarbanes-Oxley Act (“SOX”). The law: To […]

In a recent Brooklyn federal lawsuit, captioned Fischer v. WW Bakers LLC (EDNY 16-5103), plaintiff (a baker) asserts, inter alia, that defendant violated New York’s general whistleblower law, NY Labor Law 740, after he advised his employer about bug-infested flour. That statute, inter alia, provides: An employer shall not take any retaliatory personnel action against […]

In Sciddurlo v. Financial Indus. Regulatory Auth., 2016 NY Slip Op 08061 (App. Div. 2nd Dept. Nov. 30, 2016), the court reversed the lower court’s dismissal of plaintiff’s age discrimination claims asserted under the New York State and New York City Human Rights Laws. Specifically, it held that the New York whistleblower statute’s waiver provision, New York […]

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 […]

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, […]

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 […]

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 […]

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 […]