New York Whistleblower Protection Cases

New York Whistleblower Protection Cases

The State of New York does not currently recognize a public policy exception to the at-will employment doctrine.  Employees must obtain protection under a statute or a traditional common law remedy, such as libel.  However, a company program that encourages to report misconduct and promises no retaliation may be enforced under contract law.

Horn v. N.Y. Times, 790 N.E.2d 753 (N.Y. 2003).

Murphy v. American Home Products Corp., 58 N.Y.2d 293 (N.Y. 1983).

New York has a False Claims Act concerning fraud in government procurement and contracting.  False Claims Act claims are generally considered among the best whistleblower claims available.  We recommend determining if your case falls within this False Claims Act.

New York False Claims Act.

The OIG of Health and Human Services review of the law.*
*Specific to Medicaid Fraud.

 

CAUTION:  Many States have enacted laws governing whistleblowing which, in some cases, abrogate an employee’s right to pursue common law remedies.  Before filing a state whistleblower lawsuit, it is imperative to determine whether you are covered under a state law and how that law may interact with the common law “public policy” exception.  Additionally, relevant state case law governing whistleblower protection is often subject to change.  We strongly recommend a careful review of current state case law prior to filing a state whistleblower lawsuit.  Please read our disclaimer.  If you are pursuing a case under state law, we urge you to consult with an attorney familiar with those laws.  If you are pursuing a claim under a state False Claims Act, and would like a consultation with the partners at Kohn, Kohn and Colapinto, please fill out our consultation form here.

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Updated as of July 2016.