Tipaldo v. Lynn

After Plaintiff was removed from his position at his place of employment and demoted, he commenced this action pursuant to N.Y. Civ. Serv. Law 75-b, the whistleblower statute, alleging that he was retaliated against for reporting improper governmental activity. Defendants moved for summary judgment dismissing the complaint, arguing that Plaintiff failed to comply with section 75-b by not reporting the allegedly wrongful actions to the appointing authority before contacting the Inspector General’s office. Supreme Court granted Defendants’ motion for summary judgment and dismissed the complaint. The Appellate Division reversed and granted Plaintiff’s motion for summary judgment, concluding that Plaintiff’s good faith efforts in the manner and filing of his reporting met the requirements of section 75-b(2). After a trial on damages, Supreme Court awarded Plaintiff back pay, interest, and attorney’s fees and costs and directed Defendants to reinstate Plaintiff to his position. The Court of Appeals affirmed, holding (1) under the circumstances of this case, Plaintiff demonstrated good faith compliance with section 75-b; and (2) Plaintiff was entitled to prejudgment interest. View "Tipaldo v. Lynn" on Justia Law