THE LARGEST COLLECTION OF LEGAL JOBS ON EARTH
LawCrossing Legal Daily News Feature
NY Appeals Court Protects Whistleblower Nurse When, in 2007, Joyce Villarin notified a state agency of an elementary school student at the Ramaz School had a facial injury allegedly caused by his father, the system started to work against the school nurse. Officials at the Orthodox Jewish school warned her not to report the incident, and subsequently she was fired to cover up child abuse. Villarin filed a lawsuit against the school.
04/13/12
The court wrote, “We find that plaintiff’s claim falls within both the letter and the spirit of the private-
In 2010, Justice Milton Tingling of the Manhattan
employee whistleblower statute.”
Supreme Court allowed the motion of the school claiming that Villarin’s claim of wrongful termination
The majority differed with the dissenting judges Justice
was not tenable. However, in the same order, the court
Leland DeGrasse and Justice David Friedman who
ruled that Villarin’s claim of retaliatory action by the
held that a ‘single instance’ of failing to misreport was
school had merit and survives despite opposition from
insufficient to prove ‘policy.’
the school. Writing for the majority, Justice Renwick commented The case came up for appeal and a divided New
that accepting the arguments of the dissenting judges
York State appeals court ruled in favor of Villarin on
would put employees “on the horns of a dilemma.” In
Thursday.
the instant case of Villarin, “If she remains silent, she would subject herself to civil liability for failing to report
The court found that Villarin was protected by the
it under 413 … If she performs her duties under 413,
state’s whistleblower laws when she reported the child
she would be subject to termination by her employer
abuse to government authorities.
without any whistleblower protection.”
The court held that Section 740 of the state’s Labor
As such, the appeals court found Villarin’s claim of
Law prevents a private employer from taking “any
“retaliatory action” allowed by the Supreme Court to be
retaliatory personnel action” against any employee
valid and protected by whistleblower’s law.
who objects to a policy that violates law and creates “substantial and specific danger to public health and
The case is Villarin v. Rabbi Haskel Lookstein School,
safety.”
Appellate Division, First Department, No. 6220.
PAGE
www.lawcrossing.com