In Webb-Weber v. Community Action for Human Services, Inc., Ms. Webb-Weber, the plaintiff, claimed she registered complaints with public agencies concerning certain policies of her employer, N.Y.-based Community Action, a nonprofit organization that provides services to the mentally and physically disabled, according to the report.
Ms. Webb-Weber claimed she told state agencies Community Action was endangering patients in a number of ways, including falsifying their medical records. As a result of Ms. Webb-Webers’ complaints, Community Action received sanctions from the state agencies, according to the report.
After reporting Community Action’s misconduct, Ms. Webb-Weber’s employment was terminated. In her lawsuit, she alleges she was terminated in violation of New York’s whistle-blower retaliation statute.
New York’s whistle-blower statute states an employer cannot take any retaliatory action against a whistle-blower who discloses practices of their employer that are in “violation of law, rule or regulation,” according to the report.
Because Ms. Webb-Weber’s complaint did not identify any laws, rules or regulations Community Action violated, the case was dismissed at the appellate level. On review of the dismissal, the New York Supreme Court overturned the appellate court’s decision and held the complaint did not have to specify any specific law, rule or regulation violated; it only had to allege the improper conduct or practices of the employer, according to the report.
The court’s holding in this case will make it easier for whistle-blowers to file retaliation claims in New York.
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