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Complaining to top exec isn’t protected whistle-blowing

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in Employment Law,Human Resources

In a case decided the same day as UTSWMC v. Gentilello, MD, the Supreme Court of Texas concluded that complaining to senior leadership about alleged illegal activity doesn’t constitute protected whistle-blowing under the Texas Whistleblower Act.

Recent case: Gertrud worked for Texas A&M and went straight to the university president to complain that her supervisor arranged to have his daughter’s tuition waived in violation of the law.

She was terminated shortly after and sued, alleging whistle-blower protection.

After working its way through the legal system, Gertrud’s case wound up before the state Supreme Court. It threw out her case because she hadn’t reported the alleged illegality to law enforcement officers, but instead went to the university president, who had no law enforcement powers. (Texas A&M v. Moreno, No. 11-0469, Supreme Court of Texas, 2013)

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