Defending against whistleblowing in the COVID-19 era

A "whistleblower" is generally considered to be an employee who reports conduct by her employer that is illegal, unsafe, or fraudulent. Under New York Labor Law § 740, New York Civil Service Law 75-b, and various federal laws, employers are prohibited from retaliating against an employee for engaging in protected whistleblowing. COVID-19 has brought a deluge of new laws and regulations, almost all of which are based on public safety concerns. How will whistleblowing be handled in the coronavirus era? While there's no specific case that is on point (yet), a recent reported case from the Appellate Division, Second Department, gives us some clues on how to defend against such a claim.

Background

Robinson Ulysse, an aircraft technician for AAR Allen Services, Inc., was terminated in 2009. In 2011, he sued AAR, claiming his termination arose out of his alleged report to his superiors that the company was using substandard and faulty parts while repairing aircraft. The Kings County Supreme Court granted summary judgment (dismissal without a trial) in favor of AAR. Ulysse appealed to the Appellate Division, Second Department.