Factual BackgroundBrian Sullivan was a police inspector employed by the Port Authority. He primarily was responsible for developing and administering the evaluation and examination process for police officers seeking promotion to the rank of sergeant. In June 2012, he tendered his resignation and retired from the Port Authority after the Port Authority human resources department determined that he failed to report improper conduct and other improprieties associated with the examination process. Sullivan maintained he was pushed out because, in 2011, he reported to his superior, the Chief and Director of Public Safety, that he confronted an officer who had obtained photographed copies of an examination to become a sergeant in the Port Authority’s police department. … [Read more...] about Port Authority Not Subject to Worker-Friendly New Jersey Whistleblower Law, State Court Rules
New york whistleblower law
Pre-Employment Inquiries/Background ChecksStatutory DevelopmentsThis year saw New Jersey "ban the box," a growing trend which refers to the elimination of the check box on job applications asking whether the applicant has a criminal history. The Opportunity to Compete Act, which takes effect March 1, 2015, covers any employer that (i) has 15 or more employees over 20 calendar weeks and (ii) conducts business, employs persons, or takes applications for employment within the State of New Jersey. Under the Act, an employer may not require an applicant to complete an employment application that makes any inquiries regarding an applicant's criminal record during the "initial employment application process." An employer also may not make any oral or written inquiry regarding an applicant's criminal record during the initial employment application process, or post any advertisement stating that it will not consider an applicant with a past arrest or conviction. … [Read more...] about 2014 Year in Review—the Top 10 Trends in New Jersey Employment Law
Although the text of the proposal is not yet available, it appears that the state’s bounty program would largely mirror the incentive program established under Dodd-Frank Act. Whistleblowers will consider “who’s going to pay out faster, and who’s going to pay out more” when deciding whether to report a tip to the state or federal agency. (Law360 subscription required). The AG’s announcement also attracted attention from other media outlets, including the Wall Street Journal (subscription required), which noted in part that the state program may increase payouts in banking cases, which are subject to caps under federal law. … [Read more...] about New York Whistleblower Bounty Program On The Horizon?
The New York Court of Appeals recently ruled that a whistleblower need not plead the specific “law, rule or regulation” that the employer purportedly violated to state a cause of action under the New York whistleblower statute. Webb-Weber v. Cmty. Action for Human Servs., 2014 N.Y. Slip. Op. 03428 (May 13, 2014). The New York whistleblower statute prohibits an employer from retaliating against an employee who “discloses, or threatens to disclose to a supervisor or public body an activity, policy, or practice of the employer that is in violation of the law, rule or regulation” that either “creates and presents a substantial and specific danger to the public health or safety, or…constitutes health care fraud.” N.Y.L.L. § 740(2). … [Read more...] about New York Court of Appeals Expands Potential For State Whistleblower Claims
A Harbinger for More to ComeOn April 18, the New York Attorney General announced what he touted as the largest settlement of a New York whistleblower lawsuit brought under the state's False Claims Act to recover New York state income taxes alleged to have been unpaid (AG Announcement). The defendant in that suit, Alabama-based investment firm Harbert Management Corp. ("Harbert"), agreed to a $40 million settlement with New York over state income taxes that Harbert paid to its home state of Alabama, instead of paying in the higher taxing rate state of New York. … [Read more...] about Lessons Learned from New York’s Largest Ever False Claims Act Tax Settlement