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It’s not whistle-blowing! Challenge minor complaints

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in Employment Law,HR Management,Human Resources

Some employees think that every complaint they make to their employers is a protected whistle-blowing complaint. That’s just not true.

Recent case: Teacher Christina Conn was dismissed before earning tenure after she complained that her son and several other students were not receiving the special-education programs they needed. For example, she complained that her son’s services were unfairly cut and that some of his teachers behaved unprofessionally.

She sued, claiming she had been fired in retaliation for blowing the whistle on special-education program deficiencies.

The court disagreed and tossed out Conn’s case. It said her complaints about her son’s educational program constituted a minor internal dispute, not a challenge to the legality of the special-education program. (Conn v. Western Placer Unified School District, No. C059754, Court of Appeal of California, 3rd Appellate Division, 2010)

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