Whistleblower Employment Law

Sharp criticism can be expected from both sides to get a decision that does not make either one a winner. However in this case both sides of the bar appear to be correct. Instead of complaining that victory has not been bestowed upon them, attorneys from both sides of the employment law practice were left feeling the same way Justice Barry Albin felt. The Supreme Court failed to lay out clearly and proper course of action. There was little guidance to both employees as well as employers. In State v. Saavedran the concept that a criminal prosecution could be levied for taking whistle blower evidence, but could be defended by a trial defense of showing justification in stealing appears to be misguided and bad law.

In the end, a prosecution for an employee taking documents to demonstrate misconduct by an employer will have a chilling effect on the rights of employees to report the misconduct of employers. In this case the employee was indicted for a second-degree official misconduct and third-degree theft charge. Facing 10 years in state prison if convicted is absolutely the wrong message to send employees.

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Whistleblower Ruling Draws Fire From Employment Bar