Retaliation Claim Against Carter Ledyard's Client Dismissed

On March 28, 2025, Kings County Justice Aaron Maslow granted a pre-answer motion to dismiss retaliation claims filed by a former supervising pharmacist against Carter Ledyard clients, a specialty pharmacy that provides sterile and non-sterile compounded pharmaceuticals and the pharmacy owner. The former employee sued under New York's recently expanded whistleblower statute, New York Labor Law section 740.

The pharmacist alleged that his work burden grew too much in the weeks after a staff pharmacist resigned, but the pharmacy did not employ a new pharmacist fast enough. He argued that his complaints to the pharmacy about having to fill in multiple roles constituted protected whistleblower conduct since his position involved public safety. He also argued that even though he sent a voluntary resignation email one month after the staff pharmacist resigned, the court should view his departure as a constructive discharge because a replacement pharmacist had not yet been