Background

• Borcik, a deckhand for Crosby Tugs, alleged Captain LeBlanc ordered repeated oil-dumping and other environmental law violations over ~3 years; Borcik followed orders.
• In May 2013 Borcik emailed and then met with Crosby’s Chief Administrative Officer to complain; he was later transferred and, one month after the meeting, fired.
• Borcik sued under the Louisiana Environmental Whistleblower Act, La. Rev. Stat. § 30:2027, claiming retaliatory discharge for reporting environmental violations.
• The statute protects an employee "acting in good faith" who reports or threatens to report suspected environmental violations; the statute does not define "good faith."
• At trial the court instructed the jury that "good faith" required an honest belief an environmental violation occurred and that the plaintiff did not report to seek an unfair advantage or to harm the employer/another employee; the jury found Borcik reasonably believed a violation occurred but did not act in good faith and returned a defense verdict.
• The Fifth Circuit concluded Louisiana law lacks controlling guidance on the statutory meaning of "good faith" and certified the question to the Louisiana Supreme Court.

Issues

Key Cases Cited

• Overton v. Shell Oil Co., 937 So.2d 408 (La. Ct. App.) (court found plaintiff acted in good faith under facts; quoted dictionary definitions but did not establish a generalized definition)
• Janvey v. Golf Channel, Inc., 792 F.3d 539 (5th Cir. 2015) (supports certifying unsettled state-law questions to the state supreme court)
• Wichita Cty. v. Hart, 917 S.W.2d 779 (Tex. 1996) (example of a broader statutory definition: good faith = honest and reasonable belief a law was violated)