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EMPLOYMENT PRACTICS UPDATE

EMPLOYMENT PRACTICS UPDATE. MIRMA SPRING TRAINING 2014 Presented by Jane drummond WHISTLEBLOWER PROTECTIONS. Whistleblower Protections. Common law claim (court derived) Formally recognized by the Missouri Supreme Court in 2010 Exception to the at-will doctrine

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EMPLOYMENT PRACTICS UPDATE

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  1. EMPLOYMENT PRACTICS UPDATE MIRMA SPRING TRAINING 2014 Presented by Jane drummond WHISTLEBLOWER PROTECTIONS

  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?

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