Reddington v. Staten Island University Hospital

893 N.E.2d 120, 11 N.Y.3d 80
New York Court of Appeals·Decided July 1, 2008·Published·Cited by 40 cases

Opinion

OPINION OF THE COURT

Read, J.

The United States Circuit Court of Appeals for the Second Circuit has certified two questions to us: the first involves the relationship between the waiver clause in Labor Law § 740 (New York’s Whistleblower Law) and Labor Law § 741 (New York’s Health Care Whistleblower Law); the second relates to the scope of section 741’s coverage. We begin by summarizing the facts alleged in the amended complaint.

I.

The Allegations in the Amended Complaint

Plaintiff Carmel Reddington was employed at defendant Staten Island University Hospital from December 19, 1994 to October 30, 2002. Reddington was first hired as a coordinator of volunteer services; in March 1998, she was promoted to the position of manager of volunteer services.

In early 2002, the Hospital launched a new program to attract cancer patients from Italy for stereotactic radiosurgery treatment at its facilities in New York. In May 2002, Hospital management tapped Reddington, who spoke Italian and was familiar with Italian culture and customs, to serve as a translator for patients being treated in this new program—eventually dubbed the International Patient Program—and their families. Reddington agreed to take on this extra responsibility until the Hospital hired someone for the job.

[83]*83Upon meeting the Italian families for the first time, Reddington was “besieged with complaints of inadequate and non-treatment, abandonment, and failure to provide a translator.” Although she reported this to Hospital management, nothing was done and complaints persisted.

In June 2002, Reddington served as a translator at a meeting between Hospital management and “two supposed ‘doctors’ from Italy.” The attendees discussed opening a second office in Italy to be managed by one of the Italian doctors, who would receive a referral fee for each patient he sent to the Hospital for treatment. The other doctor was already receiving referral fees in connection with an existing office in Naples, Italy. When Reddington conveyed her uneasiness about the propriety and legality of this arrangement to Hospital management, she was treated dismissively by her supervisor.

Over the next two months, Reddington “worked feverishly with Italian patients and their families,” who continued to report problems to her, which she, in turn, conveyed to her supervisor. In August 2002, Reddington was asked to be the Program’s director, and she took the job. She claims that Hospital management repeatedly assured her that her former position “would always be available to her” if her new job did not work out. When Reddington “expressed reservations . . . about leaving for vacation without properly training” her replacement as manager of volunteer services, she was told “ ‘not to worry’, since [the Hospital] already had someone in mind.”

Reddington returned from her vacation and, on August 30, 2002, received and signed a written job description for her new position as “Director-International Patient Program.” Her duties and responsibilities, as set forth in the job description, were to

“1. Coordinate arrival, transportation and lodging for international patients and ensure continuity with clinical services staff.
“2. Coordinate and develop with Chief Medical Officer and appropriate medical personnel, services to be offered to international patients.
“3. Coordinate marketing of the international patients program with Senior Staff.
“4. Manage and train personnel providing transía[84]*84tion services and maintain an on-call schedule to ensure coverage.
“5. Maintain International Patients Welcome Center to promote positive image of Staten Island University Hospital and its services.
“6. Develop calendar of activities for international patients to further enhance their experience at Staten Island University Hospital.
“7. Maintain up to date data base on patients serviced.
“8. Distribute, collect and analyze patient satisfaction questionnaires to continually enhance services.
“9. Communicate with consulate to coordinate patient[s’] letters of service.”

In time, Reddington came to believe that her leadership as the Program’s director was being undermined by another Hospital employee, who reported to the senior vice-president of human resources. She objected about this to her supervisor.

On October 25, 2002, Reddington received a telephone call from the vice-president of human resources, who requested a meeting with her. At this meeting, Reddington repeated her grievances about the other employee’s role in the Program. She complained, for example, that this other employee had given her “orders that there would be no more trips to the Retreat House; changed the schedule for bringing the patients to a prayer group and Mass; and cancelled the weekday trips to Manhattan.” The vice-president “conceded . . . that [Reddington] had some ‘legitimate concerns’ ” and committed to “investigate the matter.”

The vice-president also advised her, however, that the other employee “was to be ‘the point person’ ” between Reddington and her supervisor. When asked if she “was ‘okay’ with that,” Reddington responded “that she had no problem with [the] arrangement, and was merely asking for some clarification on the logistics of her department.” The vice-president then asked Reddington to meet with her again on October 30th “so they could try to clear up any misunderstandings.”

At the meeting on October 30th, the vice-president “accused” Reddington of calling her supervisor after having been directed not to do so. Reddington replied that she “was unaware that she was prohibited from speaking with” her supervisor at all, [85]*85and, in any event, had done so to coordinate the transportation of a dead patient’s body back home to England. When the vice-president commented that Reddington’s job responsibilities related only to Italian patients, Reddington “explained” that “this was untrue,” and that she had, in fact, spent several hours the previous day with the British patient’s family, “mak[ing] the necessary arrangements, and comforting them.”

At the conclusion of this meeting, the vice-president fired Reddington. When Reddington asked to return to her former position as manager of volunteer services, the vice-president refused. When Reddington “pleaded” for an explanation of “what she had done wrong,” she was informed that she had “ ‘disobeyed orders,’ ” and was told to “ ‘pack up and leave.’ ” In November 2002, Reddington contacted the New York State Department of Labor, which advised her to obtain the Hospital’s reasons for firing her in writing. After several requests by Reddington, the Hospital sent her a letter dated December 10, 2002, which stated that she had been dismissed “ ‘due to probationary failure.’ ” According to Reddington, she was never informed that her new position involved a probationary period.

Prior Proceedings

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Reddington v. Staten Island University Hospital, 893 N.E.2d 120, 11 N.Y.3d 80 (N.Y. 2008).

893 N.E.2d 120 (Reddington v. Staten Island University Hospital) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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