Introduction:

The most important development in whistleblower protection has been the creation of state causes of action for retaliatory discharge. A majority of states have recognized a public policy exception to the common law termination at-will doctrine. This public policy exception has revolutionized the rights of whistleblowers. Instead of offering protection to employees covered under special laws or employees who work for the federal or state governments, the public policy exception cause of action usually protects all private sector employees in the states that have adopted the exception. Additionally, most states classify a retaliatory discharge cause of action as a tort, and, consequently, employees who file claims under this cause of action are entitled to jury trials and , if successful, punitive damage awards.

Under traditional state common law, in the absence of an employment contract, an employee at- will could be terminated for any reason or for no reason. Over the past twenty years, however, a majority of states have carved out a public policy exception to the termination at-will doctrine. If the termination of an at-will employee was activated by an intent that contravenes some important public policy, state courts have recognized a public policy exception to the common law doctrine, and have awarded damages either in contract or tort.

Whistleblower protection law is rapidly developing. Attorneys planning to litigate such a claim must be aware of the dynamic nature of this area of law. There are no well-established boiler plate procedures for trial preparation. Each case tends to be very fact specific, and the applicable law changes from jurisdiction to jurisdiction. Despite these limitations, the following overview covers most of the issues and procedures which an attorney should consider when filing a whistleblower action.

State False Claims Act Statutes
See Overview of A Whistleblower Claim for more information.

These issues and others are discussed in greater detail in Concepts and Procedures in Whistleblower Law; (Quorum, 2000). For more information about this NWC publication follow this link to Concepts.

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