Law of whistleblowing class # 25
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This document summarizes Minnesota whistleblower protection law. It discusses the Minnesota statute that protects employees who report violations of law to their employer or a government body in good faith. It also discusses court cases related to whistleblower protection under federal law. Additionally, it outlines amendments made to the Minnesota statute in 2013 to define "good faith" and clarify that the law does not protect knowingly false statements or those made with reckless disregard for the truth.
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federalism A system of
government in which power is
divided between a central
authority and constituent
political units.
99
5
Constitutional Principles
! THE CONSTITUTION
! FEDERALISM
! SEPARATION OF POWERS
! THE IMPACT OF THE COMMERCE CLAUSE ON BUSINESS
! THE TAXING AND SPENDING POWERS OF THE FEDERAL
GOVERNMENT
! THE IMPACT OF THE AMENDMENTS ON BUSINESS
F
iercely independent, highly individualistic, and very proud of their country
would be a good characterization of Americans. Many say there is no place
they would rather live than the United States. Much of their pride stems from
a belief that they have a strong Constitution, which secures for all individuals
their most fundamental rights. Most people, however, are not aware of precisely
what their constitutional rights are or of how to go about enforcing those rights.
This chapter provides the future business manager with basic knowledge of the
constitutional framework of our country, as well as an overview of the signifi-
cant impact of some of the constitutional provisions on the legal environment of
business.
The Constitution
The Constitution provides the legal framework for our nation. The articles of the
Constitution set out the basic structure of our government and the respective
roles of the state and federal governments. The Amendments to the Constitution,
especially the first 10, were primarily designed to establish and protect individ-
ual rights.
Federalism
Underlying the system of government established by the Constitution is the prin-
ciple of federalism, which means that the authority to govern is divided be-
tween two sovereigns or supreme lawmakers. In the United States, these two
sovereigns are the state and federal governments. Federalism allocates the power
to control local matters to local governments. This allocation is embodied in the
U.S. Constitution. Under the Constitution, all powers that are neither given ex-
clusively to the federal government nor taken from the states are reserved to the
states. The federal government has only those powers granted to it in the Con-
stitution. Therefore, whenever federal legislation that affects business is passed,
the question of the source of authority for that regulation always arises. The
Commerce Clause is the predominant source of authority for the federal regula-
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C H A P T E R 5 " Constitutional Principles 101
Does the state law directly
conflict with a federal law?
If yes, the state law is
invalid under the
Supremacy Clause.
If no, does the state law
attempt to regulate in an
area where federal law is
so pervasive that it appears
that Congress intended
only federal regulation in
that area?
If yes, the state law is
invalid under the doctrine
of federal preemption.
If no, the state law is valid.
EXHIBIT 5-1
APPLICATION OF THE
SUPREMACY CLAUSE TO
STATE REGULATION
pertaining to interstate commerce, such as when a local regulation imposes a sub-
stantial burden on ...
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- 1. The Law of Whistleblowing Washington University – Fall 2014 class # 25
- 3. Kidwell v Sybaritic Minn. 2010
- 4. Minn. Stat. 181.932 subd. 1 "in good faith, reports a violation or suspected violation of any federal or state law or rule adopted pursuant to law to an employer or to any governmental body or law enforcement official.”
- 5. Minn. Stat. 181.932 subd. 1 "in good faith, reports a violation or suspected violation of any federal or state law or rule adopted pursuant to law to an employer or to any governmental body or law enforcement official.”
- 6. Willis v Dept of Agriculture Fed. Cir. 1998 Huffman v OPM Fed. Cir. 2001
- 8. 2013 Minnesota Session Laws Be it enacted . . . Minnesota Statutes . . . section 181.931, is amended Subd. 4. Good faith. by adding . . . ns conduct that does not violate section 181.932, subdivision 3.
- 9. Minn. Stat. 181.931 subd. 2 ”I”Good faith”, means ts a violation or suspected conduct of any federal or state law or that adopted pursuant to law does not violate body or law enforcement section 181.932 subdivision 3.”
- 10. Minn. Stat. 181.932 subd. 3 “False disclosures. This section does not permit an employee to make statements or disclosures knowing that they are false or that they are in reckless disregard of the truth.”
- 11. Minn. Stat. 181.932 subd. 3 “False disclosures. This section does not permit an employee to make statements or disclosures knowing that they are false or that they are in reckless disregard of the truth.”