Practice point: A party bringing a whistleblower claim, and seeking both legal and equitable remedies, must file a notice of claim pursuant to General Municipal Law
§§ 50-e, 50-i, even though the Whistleblower Statute is not a tort
statute and technically does not fall within the categories described in
General Municipal Law § 50-i. However, a plaintiff whose claim falls under the jurisdiction of General
Municipal Law § 50-e, or other narrow statutory notice requirements, may pursue an equitable claim, including one
for reinstatement, absent the notice of claim.
Student note: The Whistleblower Law forbids retaliatory personnel action by public
employers against their employees who disclose to a governmental body
information regarding violations of regulations that would present a
specific danger to public health or safety, or about what the employee
believes to be an improper governmental action, pursuant to Civil Service Law §
75-b[1][d]; [2][a]. A whistleblower claim may seek both monetary damages and equitable relief, including an injunction to restrain continued violation of
the law; reinstatement to the same or equivalent position as before,
with full fringe benefits and seniority rights; compensation for lost
wages, benefits and other remuneration; and reasonable costs,
disbursements and attorney's fees, pursuant to Civil Service Law § 75-b[3][c],
referencing Labor Law § 740[5].
Case: Rose v New York City Health & Hosps. Corp., NY Slip Op 06013 (1st Dept. 2014)
Here is the decision.
Monday's issue: The plaintiff's identifying the cause of the fall.
