The Texas Supreme Court has ruled that simply complaining to one’s boss about allegedly illegal activity is not whistle-blowing protected by the Texas Whistleblower Act. Employees must inform law enforcement.
Recent case: Ginger was an attorney for the Texas Office of the Attorney General. She told her boss that two senior attorneys tried to force her to sign a false affidavit about her interactions with a judge, but that she refused. Shortly afterward, she was fired.
Ginger sued, alleging her conversation with her supervisor amounted to whistle-blowing.
The Texas Supreme Court disagreed. It pointed out that the law requires reporting alleged illegality to a law enforcement entity that can actually do something about the complaint. Merely talking to a supervisor isn’t good enough to earn whistle-blower protection. (OAG v. Weatherspoon, No. 14-0582, Texas Supreme Court, 2015)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Serial sexual harasser on the loose? Get ready for big trial—and possibly huge judgment
- OSHA cites grain processing plant
- Alcoholics may be protected by ADA, but don't tolerate at-work drinking
- Employer rolls workers' comp dice--and wins!