358 S.W.3d 167
Mo. Ct. App.2011Background
- Drummond was president of Land Learning Foundation, a nonprofit owned/managed by the Evans brothers.
- He suspected the Evans brothers were using the foundation to engage in tax fraud and confronted them about it.
- He was terminated by the Evans brothers on December 6, 2005 after raising concerns.
- Drummond reported the suspected wrongdoing to the IRS and the Army Corps of Engineers after termination.
- He filed a wrongful discharge claim under the public policy whistleblower exception, which the trial court granted Defendants’ summary judgment on.
- The Western District affirmed the summary judgment, concluding no whistleblowing occurred under the exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reporting to the wrongdoers defeats whistleblower protection | DrummondBlows whistle by informing the wrongdoers of suspected fraud | Reporting to wrongdoers does not advance public policy and is not whistleblowing | No whistleblower protection; report to wrongdoers does not satisfy public policy |
Key Cases Cited
- Margiotta v. Christian Hosp. Ne. Nw., 315 S.W.3d 342 (Mo. banc 2010) (at-will with public policy exceptions recognized)
- Fleshner v. Pepose Vision Inst., P.C., 304 S.W.3d 81 (Mo. banc 2010) (public policy exception allows whistleblowing to supersede at-will doctrine)
- Faust v. Ryder Commercial Leasing & Servs., 954 S.W.2d 383 (Mo.App. W.D.1997) (whistleblowing requires reporting to proper authorities to remedy public ill)
- Scott v. Mo. Valley Physicians, P.C., 460 F.3d 968 (8th Cir.2006) (federal appellate support for public policy whistleblowing)
- Huffman v. Office of Pers. Mgmt., 263 F.3d 1341 (Fed. Cir.2001) (reporting to authorities more likely to remedy wrongdoing)