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Whistleblowing

 
 
gollum
 
Reply Sun 24 Apr, 2005 07:18 pm
Does New York State have a general whistle blowing law?

If an employee in the course of his or her duties becomes aware of something improper, does he owe his employer confidentiality of workplace derived information?

Notwithstanding that the employee is right about the matter he disseminates, could he be punished for the fact that he disseminated it?
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J-B
 
  1  
Reply Mon 25 Apr, 2005 03:05 am
I have just read an article about a whistle-blower and the retaliation on him.

I join the question.
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Debra Law
 
  1  
Reply Mon 25 Apr, 2005 03:49 am
whistleblower exception
At Will Employment

Quote:
. . . New York State is one of the strongest remaining at-will employment states. Many states in the union have created numerous exceptions to the rule, but it still has a controlling effect on most employment relationships.

1. Exceptions to Employment At-Will

Generally, for the relationship to be "at-will" the employment must be for an indefinite term and it must be of a nature freely terminable by either party at any time, for any reason or even for no reason.

* * *

Lastly, a number of states have enacted "whistle-blower" statutes restricting the employer's discretion of terminating the employment relationship where the employee has acted to disclose or threatens to disclose a significant danger to public health and safety. These anti-discrimination or related exceptions to the employment at-will rule are generally given fairly narrow construction.



Exceptions to At Will Rule


Quote:
2. Whistle blower exception. New York Labor Law Section 740
prohibits an employer from taking retaliatory action against an
employee who snitched to a supervisor/authority that the employer is
in violation of a "law, rule or regulation" presenting a "substantial and
specific danger" to the public health/safety.
But once again,
employers are given preference because if that employee fails to
specify which statute/rule/regulation is being violated, he gets no
Section 740 protection. Employee assumptions/opinions that a
violation has occurred or might occur fails Section 740 assistance.
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