Whistleblower Cases

Trial court did not err by affirming SPBR decision that terminated employee was protected by whistleblower statute and that whistleblower activity motivated the termination because trial court could find there was reliable, probative, and substantial evidence to support conclusion that employee had a reasonable, good-faith belief that criminal activity occurred and that superiors may have considered whistleblower activity in deciding to terminate employee.

Wendy Sterling Weinert, a former City of Sevierville police officer, brought this retaliatory discharge action against her former employer pursuant to the Tennessee Public Protection Act (TPPA), Tenn. Code Ann. § 50-1-304 (Supp. 2018). She alleged that she was discharged solely because of her whistleblowing activities of reporting an alleged incident of excessive force and alleged sexual harassment by other officers. The trial court granted summary judgment, holding that plaintiff could not establish that her termination was solely caused because of her whistleblowing activities, as required by the TPPA. We affirm.

The trial court did not err by granting summary judgment to Appellee on Appellant's claim for wrongful discharge in violation of public policy, as expressed in sections 106.1 and 307.1 of the Ohio Building Code. Neither section expresses a clear public policy prohibiting retaliatory employment action. Judgment affirmed.

In this wrongful dismissal case, Sonya Brooks ("Brooks") sued her former employer Roane County and county officials Ron Woody and Gloria Wright ("Defendants"). In a March 9, 2017 order, the Circuit Court for Roane County ("the Trial Court") dismissed Brooks' lawsuit against Defendants with prejudice. The Trial Court reserved taxation of costs for a later date. Brooks filed a notice of appeal on January 10, 2018. Defendants argue that Brooks' appeal was filed untimely. Brooks contends that the March 9, 2017 order was not final and appealable because it reserved the issue of costs. We hold that, in keeping with longstanding Tennessee case law, taxation of costs is incidental and not a factor in determining whether a judgment is final. As Brooks' notice of appeal was not filed timely, we are constrained to dismiss her appeal for lack of jurisdiction.

contested case hearing, Whistleblower Act

Dismissal of complaint motion for judgment on pleadings common-law tort for wrongful discharge in violation of public policy Greeley claim unlicensed practice of nursing R.C. 4723.03 reporting Ohio Board of Nursing retaliatory discharge R.C. 4723.341 R.C. 4113.52 jeopardy adequate statutory remedy. Trial court did not err in dismissing employee's complaint for failure to state a claim for wrongful discharge in violation of public policy where jeopardy element of claim was not satisfied. Adequate statutory remedy existed under R.C. 4723.33 and 4723.341 — incorporating the rights and duties granted "whistleblowing" employees under R.C. 4113.52 — that addresses society's interest in protecting employees who report violations of R.C. Chapter 4723. Employee's failure to comply with the requirements for statutory relief for wrongful discharge did not render statutory remedy inadequate.

The plaintiff, Christopher G. Rein, appealed from a Superior Court order granting a motion to dismiss his action, which was brought by the defendants, ESS Group, Inc., Charles J. Natale, Jr., and the Charles J. Natale, Jr. 2003 Trust u/d/t January 23, 2003, as amended. Rein argued that the Superior Court justice erred in finding that Rein's complaint failed to state a claim under the Rhode Island Business Corporations Act (BCA) because ESS is incorporated in Delaware and Rhode Island does not have the authority to regulate the internal affairs of a foreign corporation, such as ESS. Rein also asserted that the hearing justice erred in dismissing his claim brought under the Whistleblowers' Protection Act (WPA) after finding that the WPA claim was premised on a violation of the BCA, to which the hearing justice had found ESS not subject. On appeal, the Supreme Court reversed the hearing justice's decision in part and affirmed it in part. Specifically, the Court concluded that the BCA count was properly dismissed because the defendants' alleged violations of the BCA constitute "internal affairs," which Rhode Island has no authority to regulate. The Court held, however, that Rein's complaint sufficiently pled a WPA claim because, under the WPA, he need not prove that an actual violation of a law occurred, only that he reasonably believed that a violation occurred. The Court concluded that Rein's belief that the defendants were subject to and violated the BCA may well have been reasonable. Accordingly, the Court affirmed the decision of the hearing justice to dismiss the BCA count of Rein's complaint, and it reversed the dismissal of the WPA count.

The plaintiff, a former firefighter with the City of McMinnville Fire Department, brought this retaliatory discharge claim against his previous employer under the Tennessee Public Protection Act. The City filed a motion for summary judgment arguing that the plaintiff was unable to prove that the City's proffered reason for the discharge was pretextual. Finding no genuine dispute, the trial court granted the motion and dismissed the complaint. We affirm.

Subject matter jurisdiction N.C. Gen. Stat. 126-34.02 Whistleblower grievance