The facts that you have provided would indicate a possible whistleblower claim, but more analysis of the situation would be necessary to determine if you can successfully sue your old employer. I would recommend that you contact a qualified attorney in your area to go over in full detail what occurred prior to your termination.
Keep in mind that if you are suing the state there are very short time limits for you to file your claim, so do not wait---if you do, you could lose any rights you may have.
If you do not know an attorney in your area experienced in whistleblower claims under New York State law, consult: www.nelany.com
No, the Whistleblower Protection Act covers federal employees who work for the government and report agency misconduct. Whether you have any protection as a whistleblower is fact-dependent, and from what you've described, your best bet is probably under NY Labor Law Section 740/741. I've done these sorts of cases with hospital workers, but those require the complaint to be about something which is an actual violation of law, generally not OPWDD regulations. From what you've described, it doesn't sound like a great case (though maybe there are details that you haven't mentioned), but you might find someone willing to bring the case in hopes of getting some sort of settlement.
Feel free to contact me if you want. Dan Knauth firstname.lastname@example.org // 212-317-1200. Answers to questions are meant to be general only, are not intended to be legal advice and do not create an attorney-client relationship. Answers to questions are based on NY law, and the laws of other states may create different rights and obligations.
You may have a whistle blower claim if it is determined that you reported facts that it was in the public's interest to know.
As the attorneys above do, I also recommend that you meet with an experienced employment attorney immediately to discuss your claims. The consultation should be free.
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