ALBANY – A discharged worker who alleged he was fired for filing a complaint against his union with the National Labor Relations Board cannot sustain a claim of retaliatory discharge under �740 of the state Labor Law, an upstate appellate court ruled Wednesday.
The Appellate Division, Third Department, referred to a long line of decisions in reversing a lower court and holding that the retaliatory discharge provision of �740 is invoked only when the claimant can prove that his or her firing was directly related to the disclosure or threatened disclosure of violations that threaten the public welfare.
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