Former New York State Athletic Director David Berlin Retains Jack Tuckner of Tuckner Sipser Regarding Termination Due to Alleged Whistleblowing

As reported in The Ring, former Executive Director of the New York State Athletic Commission David Berlin has retained our firm in connection with his termination from the New York Department of State (DOS).  The termination arose subsequent to Mr. Berlin reporting to the Inspector General of alleged questionable behavior and improper governmental actions.

We believe that as a direct result of the legitimate concerns appropriately brought by our client Mr. Berlin, he was told that he was being removed from the New York State Athletic Commission and re-assigned to the Office of General Counsel at the DOS.  This re-assignment was, in fact, a termination under the law.

How We Protect Whistleblowers and Individuals from Wrongful Termination

There are a series for federal and state laws that protect whistleblowers.  Under these laws, the government and private employers cannot take retaliatory action against those who “blow the whistle” by reporting illegal or wrongful activities.

Similarly, the law protects employers from being fired for a number of other reasons, including discrimination on the basis of gender, pregnancy, and age.  Governments and companies understand these protections well.  As a result, instead of outright firing people due to these improper reasons, they may take other actions, such as demoting them, transferring them to a clearly lower position, taking away opportunities to earn commissions and bonuses, and a host of other actions.

When such actions are taken, the law treats such action as a “constructive termination.”  In effect, the law is saying to such people that “we know that technically you still may be employed, but your new situation and what has been done to you is so offensive that we are going to treat the action done to you as if you were terminated.”

If You Have Been the Subject of Wrongful Termination, Please Call Us