Whistleblowers and Violations of Public Policy under Employment Law
Whistleblowers and Violations of Public Policy in Employment Law
Overview
In employment law, whistleblowing refers to an employee reporting illegal, unethical, or unsafe practices by their employer or within their workplace. Whistleblowers often face retaliation, such as wrongful termination, demotion, or harassment.
Violation of Public Policy
When an employee is fired or retaliated against for whistleblowing, it may constitute a violation of public policy. This means the employer’s action goes against fundamental principles that protect the public’s interest, such as:
Reporting illegal acts,
Reporting safety violations, or
Refusing to participate in illegal activities.
Courts recognize that employees should be protected when they act to uphold these public policies.
Key Elements of Whistleblower Protection under Public Policy
Employee engages in protected activity: Reporting or refusing to engage in unlawful conduct.
Employer retaliates: Termination, demotion, or other adverse actions.
Causal connection: The retaliation is because of the protected activity.
Public policy violation: The employer’s action contradicts a clearly defined public policy.
Important Case Law
1. Petermann v. International Brotherhood of Teamsters (1966)
Facts: The plaintiff was discharged for refusing to participate in an illegal act related to union activities.
Holding: The court held that an employee cannot be lawfully terminated for refusing to commit an illegal act. Such termination violates public policy.
Significance: This case established that firing an employee for refusing to break the law is against public policy and is therefore wrongful.
2. Tameny v. Atlantic Richfield Co. (1980)
Facts: The employee was terminated after objecting to the employer’s illegal business practices.
Holding: The California Supreme Court recognized a tort cause of action for wrongful termination in violation of public policy. The court ruled that employees cannot be fired for reporting illegal acts.
Significance: This case is a landmark for recognizing wrongful termination based on public policy grounds related to whistleblowing.
3. Glover v. Blakely Hospital Corp. (1982)
Facts: The employee was terminated after reporting safety violations that endangered patients.
Holding: The court held that retaliation for reporting safety concerns violated public policy, and the termination was wrongful.
Significance: This reinforced protection for whistleblowers who report safety violations in the workplace.
4. Kelley v. Metropolitan County Board of Education (1984)
Facts: The employee was dismissed for reporting financial mismanagement in a public agency.
Holding: The court supported the claim that terminating an employee for exposing financial wrongdoing violates public policy.
Significance: This case extended whistleblower protection to reporting financial or administrative misconduct.
Summary
| Element | Explanation |
|---|---|
| Protected Activity | Reporting or refusing to engage in illegal acts |
| Employer Retaliation | Firing, demotion, or adverse action after report |
| Causal Link | Retaliation because of the protected activity |
| Public Policy Violation | Employer’s action contradicts public interest |
Key Takeaways
Whistleblowers play a vital role in exposing wrongdoing and protecting the public interest.
Employers are generally prohibited from retaliating against employees who engage in whistleblowing.
Courts recognize wrongful termination claims based on violations of public policy when retaliation occurs.
Public policy includes protecting employees who refuse to commit illegal acts or report violations.
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