Whistleblower Law

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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