What is the scope of an employer's retaliation action under section 120 of the New York State Injury Act?
"New York", United States of America
The following excerpt is from Duncan v. New York State Developmental Center, 470 N.E.2d 820, 481 N.Y.S.2d 22, 63 N.Y.2d 128 (N.Y. 1984):
This proceeding's focus is on the application of section 120. The law's obvious purpose is to protect employees from retaliation for filing compensation claims or participating in claim proceedings (see Matter of Axel v. Duffy-Mott Co., 47 N.Y.2d 1, 5-6, 416 N.Y.S.2d 554, 389 N.E.2d 1075). More problematic is the scope of the statute's proscription against an employer's actions that result from work-related injuries.
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