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Whistleblowing requires report outside chain

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in Employment Law

Government employees in Texas are protected from retaliation for blowing the whistle on a co-worker, supervisor or the agency where they work. They must, however, report the alleged wrongdoing to law enforcement.

Recent case: Jimmy claims he was fired from his job as a police officer because he accused his supervisor of breaking the law. To his face, Jimmy told the boss he knew he was fixing tickets. Jimmy was fired soon after.

He sued, alleging he was a whistle-blower because he had reported alleged wrongdoing to law enforcement—namely his boss.

But the court tossed out his claim. It noted that Jimmy could not reasonably have believed that his boss would investigate himself. Jimmy should have gone elsewhere with the claims. (Loer v. City of Nixon, No. 13-14-00582, Texas Court of Appeals, 2015)

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