Whistleblower Loses

The 1st U.S. Circuit Court of Appeals upheld a trial court’s decision in favor of an employer in a whistleblower lawsuit. The court found that the plaintiff failed to demonstrate that her protected conduct was the reason for her termination. The judge noted valid reasons for her discharge, and the evidence did not substantiate her retaliation claims.

WHY THIS IS IMPORTANT... The court applied the “but for” test period; to win, the employee had to prove that, but for the fact that she was a whistleblower, she would not have been fired. Because there were other valid reasons for her termination, she could not meet the standard required.