An Amsterdam eye doctor has been fined for firing an employee who reported him to the state for not following COVID protocols.

The Occupational Safety and Health Administration levied a $1,250 penalty to Dr. David Kwiat. A technician at his practice had reported that Kwiat was not requiring employees and patients to wear masks – as mandated by an April 2020 state order. Kwiat had told investigators that he supplied masks for workers.

The employee said that Kwiat also was not complying with screening protocols, including questionnaires and temperature checks.

After making her complaints internally, she reported Kwiat to the New York State Department of Labor. DOH officials contacted Kwiat on Feb. 24, 2021, and he fired the employee that same morning, according to the decision from U.S. District Court Judge Anne Nardacci.

Kwiat said that he terminated the employee not for contacting health officials, but because he claims she made a false report in an effort to close his practice. She told investigators that she was not warned about poor performance.

The Department of Labor had sued Kwiat.

The employee was seeking nearly $774,000 in damages including $174,000 for back pay and interest and to cover anticipated taxes on any monetary judgment. She also was seeking $100,000 for emotional distress and $500,000 in punitive damages. However, Judge Nardacci held off on awarding any damages, ruling that a hearing should be set.

NewsChannel 13 previously covered Kwiat, who made news when he sued the owner of a butcher shop for $250,000 because he made him wear a mask.

Kwait told NewsChannel 13 that masks are medical devices and by making him put on a mask, the butcher shop owner was practicing medicine without a license.

“I run a small business too. I don’t violate people’s rights,” he said.

Kwiat subsequently dropped the suit after the state lifted mask mandates.