This document summarizes key topics around whistleblowing law from a class at Washington University in Fall 2014. It outlines five ways that laws encourage whistleblowing, such as by prohibiting retaliation against whistleblowers. It also defines a whistleblower and discusses perspectives on whistleblowing from an individual, institutional, and societal level. Additionally, it covers the development of common law protections for whistleblowers dating back to a 1959 California court case that established a public policy exception to employment at will.

1. The Law of
Whistleblowing
Washington University – Fall 2014
class # 9

2. POTLUCK
Tuesday, September 30
6 pm

3. Due Process
v.
MR 3.8(d)

4. Due Process
“materiality”
v.
MR 3.8(d)

5. Carson chose person other than
Thomas from array of 8 photos
Driggs found toy .38 revolver in
Thomas’s car
Driggs - suspended for falsely
denying use of force

7. Ways the Law Encourages Wg
1. Require Wg
2. Prohibit retaliation against Ws
3. Compensate Ws who experience retaliation
4. Require / encourage organizations to
facilitate Wg
5. Provide financial incentives to Ws

8. Ways the Law Encourages Wg
1. Require Wg
2. Prohibit retaliation against Ws
3. Compensate Ws who experience retaliation
4. Require / encourage organizations to
facilitate Wg
5. Provide financial incentives to Ws

9. Whistleblower Definition
• someone who discloses
• alleged
– wrongdoing or
– danger
• in an effort to
– stop or
– otherwise address
• the wrongdoing or danger

10. Perspectives on Wg
1. Individual
2. Institutional
3. Societal

11. Whistleblowing
Active: Disclose
- internally
- externally
Passive: Refuse to do illegal act

12. Common Law Developments
Petermann v. Teamsters,
344 P.2d 25 (Cal. 1959)
Fired for refusing to commit perjury
public policy exception to
employment at will

13. Public Policy Exception
Courts
in
45 jurisdictions

14. Public Policy Exception
1 – refuse to commit illegal act
2 – exercise statutory right
3 – carry out civic duty

15. Questions About Sheets
Group 1:
What (if any) public policy was violated when
Sheets was fired?
Group 2:
To whom or what was Sheets loyal?

16. 16

17. Perspectives on Wg
ALBERT O. HIRSCHMAN,
EXIT, VOICE AND LOYALTY:
RESPONSES TO DECLINE IN FIRMS,
ORGANIZATIONS AND STATES
(1970)