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Remba v. Federation Employment and Guidance Service

Court of Appeals of the State of New York
Jul 2, 1990
76 N.Y.2d 801 (N.Y. 1990)

Summary

holding that § 740 does not protect an employee who reports fraudulent billing

Summary of this case from Lawler v. ViaPort N.Y., LLC

Opinion

Argued May 30, 1990

Decided July 2, 1990

Appeal from the Appellate Division of the Supreme Court in the

First Judicial Department, Irma Vidal Santaella, J.

Eugene Prosnitz for appellant.

David H. Diamond, Jerold D. Jacobson and Richard A. Levin for respondent.

Lisa R. Lipman for New York Plaintiff Employment Lawyers Association, amicus curiae.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff maintains that she was discharged because she objected to, and refused to participate in, defendant's purported fraudulent billing of New York City, and that such retaliatory action is prohibited under Labor Law § 740 (2) (c) (the "Whistleblower" Law). This contention is unavailing, however, primarily because we agree with the Appellate Division that Labor Law § 740 (2) (c), like section 740 (2) (a), is triggered only by a violation of a law, rule or regulation that creates and presents a substantial and specific danger to the public health and safety (see, Easterson v Long Is. Jewish Med. Center, 156 A.D.2d 636, lv denied 76 N.Y.2d 704; Kern v DePaul Mental Health Servs., 152 A.D.2d 957; Leibowitz v Bank Leumi Trust Co., 152 A.D.2d 169, 175-177).

In addition, after reviewing the legislative history, we conclude that the conduct complained of — fraudulent billing — is not the type of violation which creates a "substantial and specific danger to the public health or safety" (see, Leibowitz v Bank Leumi Trust Co., supra [fraudulent banking activities]; Vella v United Cerebral Palsy, 141 Misc.2d 976 [improper purchasing practice]; Givens, Practice Commentaries, McKinney's Cons Laws of NY, Book 30, Labor Law § 740, at 546, 554-557; but cf., Civil Service Law § 75-b [a] [public employees protected from retaliation when they report conduct which they reasonably believe constitutes a violation of any Federal, State or local law, rule or regulation]). Finally, although the present "Whistleblower" statute has been criticized by commentators for not affording sufficient safeguards against retaliatory discharge (see, Minda and Raab, Time for an Unjust Dismissal Statute in New York, 54 Brooklyn L Rev 1137, 1138, 1182-1187 [1989]; Dworkin and Near, Whistleblowing Statutes: Are They Working?, 25 Amer Bus LJ 241, 253 [1987]), any additional protection must come from the Legislature (see, Sabetay v Sterling Drug, 69 N.Y.2d 329, 336).

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

Order affirmed, with costs, in a memorandum.


Summaries of

Remba v. Federation Employment and Guidance Service

Court of Appeals of the State of New York
Jul 2, 1990
76 N.Y.2d 801 (N.Y. 1990)

holding that § 740 does not protect an employee who reports fraudulent billing

Summary of this case from Lawler v. ViaPort N.Y., LLC

holding that § 740 does not protect an employee who reports fraudulent billing

Summary of this case from Burnett v. Trinity Institution Homer Perkins Center

In Remba v. Federation Emp. Guidance Serv., 76 N.Y.2d 801 (1990), the court narrowly construed Subsections 2(a) of the Act to preclude protection of an employee who reports an employer's fraudulent billing practices.

Summary of this case from Collette v. St. Luke's Roosevelt Hospital
Case details for

Remba v. Federation Employment and Guidance Service

Case Details

Full title:CLAIRE REMBA, Appellant, v. FEDERATION EMPLOYMENT AND GUIDANCE SERVICE…

Court:Court of Appeals of the State of New York

Date published: Jul 2, 1990

Citations

76 N.Y.2d 801 (N.Y. 1990)
559 N.Y.S.2d 961
559 N.E.2d 655

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