In Tipaldo v. Lynn , John Tipaldo -- a New York City Department of Transportation (DOT) employee -- noticed that some of his superiors had "improperly procured signs in connection with a traffic reconfiguration project," and reported his suspicion to immediate supervisors and then to the New York City Department of Investigation .
When he was fired from his job, Tipaldo later sued claiming he was the victim of retaliation, targeted for "whistle-blowing," and asked for reinstatement and back-pay. But the New York County Supreme Court ruled against him because he failed to report the misconduct according to the requirements of a state law -- Civil Service Law 75-b -- which directs that a report be filed with the DOT 's Commissioner and First Deputy Commissioner.
On review, the Appellate Division, First Department, reversed. Since the state law required Tipaldo to report his concerns to the very people who were allegedly guilty of misconduct, compelling him to follow the delineated procedure would have been futile.
Since he made "good-faith efforts in the manner and timing of his reporting," the AD1 concluded that Tipaldo had satisfied the law's requirements, and sent the case back for a determination of the damages to be awarded to the guy.
That time, Tipaldo tipped things there.
To download a copy of the Appellate Division's decision, please use this link: Tipaldo v. Lynn