CenterLight Health System obtains summary judgment in whistleblower case
Clients CenterLight Health System
Jones Day obtained summary judgment on behalf of CenterLight Health System dismissing a New York Labor Law whistleblower action by a former physician employee. The physician alleged that the defendant had constructively discharged her in retaliation for her participation in a compliance investigation concerning the alleged diversion of medication. The court found that the physician was not protected by the whistleblower provisions of New York Labor Law because she had not presented evidence of a violation of the law that either (i) substantially endangered the public health or safety, or (ii) that constituted a reasonable belief of improper quality of patient care. In addition, the court found that the physician had not suffered a retaliatory personnel action because the evidence presented did not rise to the level of a constructive discharge under New York law.
Mokrue v. Comprehensive Care Management Corp., Index No. 115341-10 (N.Y. 2013)