The venerable New York Whistleblower Protection Act has long allowed employees to report misconduct by their employer, at which point the public interest could be vindicated by the state Attorney General. But does an employee have a right to bring a personal claim under New York’s whistleblower law against alleged wrongdoers? The answer now appears to be “yes.”
This past Friday, Justice Loren Bailey-Schiffman rejected arguments by defendants in a whistleblower case that the Attorney General and the Board of Directors of a non-profit school have the ability to file suit under the Nonprofit Revitalization Act of 2013, which requires employers to enact policies to protect whistleblowers from retaliation. Instead, she ruled the whistleblower herself has a private right of action against the school and its Headmaster.