Presentation is loading. Please wait.

Presentation is loading. Please wait.

MIRMA SPRING TRAINING 2014 PRESENTED BY JANE DRUMMOND WHISTLEBLOWER PROTECTIONS EMPLOYMENT PRACTICS UPDATE.

Similar presentations


Presentation on theme: "MIRMA SPRING TRAINING 2014 PRESENTED BY JANE DRUMMOND WHISTLEBLOWER PROTECTIONS EMPLOYMENT PRACTICS UPDATE."— Presentation transcript:

1 MIRMA SPRING TRAINING 2014 PRESENTED BY JANE DRUMMOND WHISTLEBLOWER PROTECTIONS EMPLOYMENT PRACTICS UPDATE

2 Whistleblower Protections Common law claim (court derived) Formally recognized by the Missouri Supreme Court in 2010 Exception to the at-will doctrine  Applies to contract employees, too Name other exceptions

3 Whistleblower Protections Exceptions grounded in “public policy” Prohibits retaliation against an employee for:  Refusal to perform an illegal act  Reporting illegal conduct or wrongdoing to supervisors or third parties  Includes proactive reporting (before illegal act occurs)

4 Whistleblower Protections Courts say exception is “narrowly drawn” Employee must allege violation of:  Constitution  Statute  Regulation/Rule of a governmental body

5 Whistleblower Protections Courts are rejecting claims based on vague or general statutes and rules  Nexus between the workplace and the conduct

6 Whistleblower Protections Back to the “contributing factor” standard Employer is liable if jury finds that employee’s refusal to engage in or report of wrongdoing “contributed” to an adverse employment decision  Actual damages (wages/emotional distress)  Punitive damages  Reinstatement  No attorneys’ fee provision

7 Whistleblower Protections Questions?


Download ppt "MIRMA SPRING TRAINING 2014 PRESENTED BY JANE DRUMMOND WHISTLEBLOWER PROTECTIONS EMPLOYMENT PRACTICS UPDATE."

Similar presentations


Ads by Google