Thursday, July 30, 2015

The whistleblower statute and the underlying claims that gave rise to the complaint.

Practice point:  The Appellate Division was asked to decide the extent to which bringing an action under New York's whistleblower statute, codified at Labor Law § 740, bars the maintenance of other claims to redress the wrongful conduct that prompted the report of abuse resulting in the employer's retaliatory action.  The Appellate Division concluded that, based on the statute's purpose and the relief it affords, claims predicated on the statute are distinct from claims predicated upon the underlying tortious conduct identified by plaintiffs, and that, in this case, the causes of action for sexual harassment and negligence may go forward.

Student note:  The Appellate Division agreed with plaintiffs that the mere incorporation by reference of various allegations in the complaint alleging retaliation in the sexual harassment and negligence causes of action does not warrant a contrary conclusion.

Case:  Lee v. Woori Bank, NY Slip Op 06299 (1st Dept. 2015)

Here is the decision.

Tomorrow's issue: A FOIL request and redaction.