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THERE EXISTS A STATUTORY CAUSE OF ACTION FOR AN EMPLOYER’S FAILURE TO ADOPT AND IMPLEMENT A WHISTLEBLOWER POLICY (FIRST DEPT).

The First Department noted that plaintiff sufficiently alleged a cause of action under N-PCL 715-b (a) based on the employer’s (ZOA’s) alleged failure to adopt and implement whistleblower policies:

… [P]laintiff has sufficiently alleged a cause of action under N-PCL 715-b(a). This statute requires certain nonprofit organizations to adopt and implement whistleblower policies to protect individuals who report suspected improper conduct from retaliatory conduct and defendants failed to refute plaintiff’s allegation that he was an employee rather than an officer of ZOA … . Rosen v Zionist Org. of Am., 2024 NY Slip Op 01770, First Dept 3-28-24

Practice Point: N-PCL 715-b (a) provides a cause of action against an employer for failure to adopt and implement a policy to protect whistleblowers.

 

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