Justia - Badge
Lawyer.com - Badge
Avvo Rating - Badge
Super Lawyers - Peter - Badge
Super Lawyers - Matthew - Badge
Lead Counsel Rated - Badge
Kev's Best - Badge

Small Victory for New York Whistleblowers

Famighetti & Weinick

Many employees think that “whistleblowing” in the workplace is widely protected. However, New York’s primary whistleblower statute, Labor Law 740, is very narrow and only protects a very specific set of whistleblowing activities. Although the requirements to prove such claims at trial have not changed nor has scope of the protections changed, New York’s highest court recently clarified the law and made it slightly easier for plaintiff’s to allege a whistleblower claim and to get their foot in the door of the courthouse.

New York’s Labor Law (Section 740) prohibits employers from retaliating against employees who disclose or threaten to disclose a practice of the employer which is in violation of the law and which “creates and presents a substantial and specific danger to the public health or safety or … constitutes health care fraud.” In other words, an employer acting in violation of the law is not enough to trigger workers’ protections. Rather, the employer’s conduct must also create a danger to public health or safety.

In Webb-Weber v. Community Action for Human Servs., Inc., New York’s highest Court, the Court of Appeals, discussed the “violation of the law” prong of the statute. The question presented was whether workers must specifically identify the “law, rule or regulation” that the employer violated at the time the lawsuit is filed with the court. The Court noted that employees are not required to identify the specific violation of law when they make their complaint so it makes sense that plaintiffs should not be required to identify the law when filing their lawsuit in court. The Court noted, however, that employees are still ultimately required at trial to prove that the employer actually violated a law and that the violation caused harm to public health or safety.

In sum, the Court of Appeals did not expand the scope of New York’s very limited whistleblower statute, but it made it slightly easier for wrongfully terminated employees to have their day in court.

If you believe you’ve been retaliated against for whistleblowing, contact the employment lawyers at Famighetti & Weinick for a free consultation.

Famighetti & Weinick, PLLC

631-352-0050

www.linycemploymentlaw.com

Client Reviews

From my personal experience, Matthew Weinick has always managed to go above and beyond as an attorney. While handling my case, he was very professional, supportive and reassuring. It was easy to see his devotion in bringing me justice from day one. I saw how invested he was which motivated me to...

Ariel Kaygisiz

Very grateful for all the hard work! Mr. Famighetti did an amazing job. He was very knowledgeable and I was always kept up to date on the details of our matter. I appreciate the attentiveness and the time taken to explain each step and answer any questions I had during the process. I would...

Danielle

Matt Weinick is an excellent attorney. With his assistance I was able to get exonerated from false allegations against me.

Sara

Mr. Weinick is the utmost professional. I called him for help with an employment issue and I was in his office the next day for a free, almost hour long, consultation. I ultimately retained him for his services and his professionalism continued, he is extremely talented and well versed in employment...

Tom Orlik

Contact Us

  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Se Habla Español
Fill out the contact form or call us at (631) 352-0050 to schedule your free consultation.

Leave Us a Message