¶ 1 The question presented is whether the Court of Civil Appeals (COCA) erred when it affirmed the trial judge’s decision that granted appellee’s (Integris Health, Inc.) motion to dismiss the action for failure to state a claim upon which relief can be granted? 2 We answer in the affirmative.
I.
THE ANATOMY OF LITIGATION
¶ 2 Chris Eugene Darrow (Darrow) brought suit against his former employer Integris Health, Inc. (Integris), 3 a home health-care agency, for wrongful termination based on the public-policy exception to the at-will employment rule. His petition states he worked for Integris for approximately eight (8) years before he was dismissed on or about 7 March 2005. According to Darrow, he originally worked as a home health aide, then did data entry and eventually progressed to the positions of administrative assistant and administrative coordinator. He described his duties as those of providing advanced secretarial and administrative support for various departments and auditing all billing activities associated with computer input for proper customer invoicing. This included billing for Medicare reimbursement. His job was to seek payment for services provided to patients covered by Medicare, Medicaid and insurance benefits. He had to verify the accuracy of patient information that was to be submitted to pay- or entities.
¶3 On or about 2 March 2005 Darrow received an e-mail from the clinical manager of Samaritan Home Based Care. 4 It notified him of the death of an Integris patient and three (3) family members as a result of a home fire. Because Darrow was aware that some of the equipment used in home health care posed an increased risk of fire, he responded to the e-mail.
¶ 4 That very day Darrow received conflicting information concerning the patient’s age. Because age discrepancies can delay billing, he attempted to verify the patient’s correct age by checking the source documents in the chart. In doing so, he noticed that the signature authorizing Integris’ services appeared to be that of a minor grandchild of the patient who also died in the fire. According to Darrow, media reports about the fire included information inconsistent with that contained in Integris’ documents. In addition to the age discrepancy, the news reports indicated the lack of smoke detectors and the use of non-breakaway security bars on windows at the patient’s residence. This differed from the admitting nurse’s initial
¶ 5 Darrow notified the company’s Quality Assurance Supervisor about these problems. She indicated she would talk with his supervisor when the latter returned to work later that week. Barrow’s employment was terminated approximately five days later for an alleged HIPAA (Health Insurance Portability and Accountability Act of 1996) violation in the course of his review of the deceased patient’s chart. 6
¶ 6 Darrow filed an amended petition 7 urging his dismissal was retaliatory, and asserted his right to relief in accordance with the public-policy exception to the at-will employment doctrine established in Burk v. K-Mart Corp. 8 Integris filed a motion to dismiss Barrow’s amended petition for failure to state a claim upon which relief can be granted. 9 The trial court sustained this motion. COCA affirmed the trial judge’s decision. It ruled the petition presented no set of facts which would entitle Darrow to relief because (1) he has not sufficiently identified an Oklahoma law that makes an alleged violation of the federal Medicare Act a breach of this state’s public policy and (2) his reports implicating patient safety dealt with loyalty to his employer which involved merely the latter’s private and proprietary interests that do not support a Burk claim.
II.
Standard of Review
¶ 7 In reviewing a nisi prius disposition by dismissal, this court examines the issues
de novo.
10
Motions to dismiss are generally viewed with disfavor.
11
The purpose of a motion to dismiss is to test the law that governs the claim in litigation, not the underlying facts.
12
A motion to dismiss for failure to state a claim upon which relief may be granted will not be sustained unless it should appear without doubt that the plaintiff can prove no set of facts in support of the claim for relief.
13
When considering a defendant’s quest for dismissal, the court must take as true all of the challenged pleading’s allegations together with all reasonable inferences that may be drawn from them.
14
A plaintiff is required neither to identify a specific theory of recovery nor to set out the correct remedy or relief to which he may be
III.
A.
The Parties’ Certiorari Arguments
¶ 8 According to Darrow’s certiorari petition, his internal reports to personnel about Integris’ record discrepancies dealing with allegations of falsification of documents submitted to Medicare, possible Medicare fraud and concerns about patient safety are violations of public policy and hence are actionable in accordance with
Burk
19
and its progeny.
20
Darrow bases his claims on (1) three federal statutes (the False Claims Act, 31 U.S.C. § 3730; the False Statements Act, 18 U.S.C. § 1001; as well as the criminal Medicare and Medicaid anti-fraud and abuse provision in 42 U.S.C. § 1320a-7)
21
; (2) several state statutes [including 21 O.S. § 1635 that deals with falsification of papers; the provisions of 21 O.S. § 455(A) that address prevention of witness testimony; and the terms of 63 O.S.2001 § 1960
et seq.
(addressing health care issues) ] and (3) judicial decisions (dealing with an implied obligation or duty to exercise ordinary care in the delivery of professional services). Integris continues to urge (1) Darrow has failed to identify any breach of actionable Oklahoma public policy on which his claim may be bottomed, (2) claims he may have identified as based on
B.
Burk’s Modification of the Common Law
¶ 9 Oklahoma adheres to the so-called American employment-at-will doctrine. 22 Employers are free to discharge at-will employees in good or bad faith, with or without cause. At-will employees do not have a cognizable cause of action for wrongful discharge unless the claim falls within the narrow class of complaints in which the discharge may be characterized as contrary to a clear mandate of public policy and violates some law articulated in state constitutional, statutory or decisional sources. 23 This exception was introduced into Oklahoma’s legal system by Burk’s singular modification of the common-law employment-at-will doctrine. The exception’s application should be tightly circumscribed. 24 Circumstances in which this actionable “Burk tort” is said to arise are where an employee is discharged for (1) refusing to violate an established and well-defined public policy or (2) performing some act consistent with a clear and compelling public policy. 25 The implication of a sufficiently discernible public policy presents a question of law to be resolved either at nisi prius or ultimately by an appellate court. 26
C.
A Public-Policy Exception to the At-Will Employment Doctrine May Not Rest Solely on Federal Law
¶ 10 The public-policy exception to the at-will employment rule is not easily applied. This is so because (1) a wide variety of scenarios potentially comprise this common-law tort 27 and (2) it is not always easy to identify what is a specific, well-established, clear and compelling public policy. 28 We have stated an employer’s violation of a state-declared public policy is the fundamental predicate for a Burk tort. 29 The first step in a Burk analysis is to identify the offending employer’s conduct in terms of its conformity to, or discord with, Oklahoma’s public policy.
¶ 11 Barrow’s claim is that he was wrongfully discharged for reporting possible Medicare fraud. He urges three federal statutes (the False Claims Act, 31 U.S.C. § 3730; the False Statements Act, 18 U.S.C. § 1001; as well as the Medicare and Medicaid anti-fraud and abuse provision in 42 U.S.C. § 1320a-7) make his dismissal wrongful for reporting Medicare fraud. Darrow relies on
Tyler v.
¶ 12 Seven months after
Tyler
was published the court again dealt with the issue before us — whether a federal statute may constitute a sufficient basis for an Oklahoma public-policy tort — when it answered a question certified to it by a United States District Court. That case,
Griffin v. Mullinix,
31
teaches the federal OSHA statute, in itself, may not stand as a statement of Oklahoma public policy. The court there was persuaded by the defendant’s argument — “that a federal statute cannot serve as an articulation of Oklahoma public policy, absent [support in] a specific Oklahoma decision, [state] statute or [state] constitutional provision.” This was also the teaching of the Tenth Circuit in
McKenzie v. Renberg’s Inc.
32
Four years later in
Shaw v. AAA Engineering and Drafting, Inc.
33
the Tenth Circuit noted the tension between
Tyler
and
Griffin.
There the court rejected the notion that the provisions of the federal False Claims Act may afford an adequate basis for a
Burk
tort. It noted that
“[ajlthough perhaps falling short of a categorical statement that federal law can never be the basis for a claim under the public policy exception,
the
Griffin
court’s statement is sufficient authority [for accepting the view] that the FCA is not a statement of a well-defined Oklahoma public policy.” (emphasis supplied) In 2001, this court, speaking in
Clinton v. Logan County Election Board,
further clarified the parameters of the
Burk
tort in answer to another certified question.
Clinton
teaches the existence of a federal statutory remedy that would sufficiently protect Oklahoma’s public policy precludes the creation of an independent common-law claim based on the public-policy exception to the employment-at-will rule. The court there stated that
“[w]hile a federal statute cannot by itself serve as a statement of Oklahoma policy,
a federal statutory rem
¶ 13 A close reading of Griffin’s text reveals that, although the court’s holding was properly stated in its most narrow construction, the court bottomed its decision upon two predicates. First, text of the court’s opinion plainly reveals it agreed with the defendant’s argument and analysis in McKenzie v. Renberg’s Inc. —that a federal statute by itself cannot serve as an articulation of Oklahoma public policy absent a specific Oklahoma court decision, statute or constitutional provision. Second, it clearly expounded the doctrine that it is neither the court nor Congress but the Oklahoma legislature that is primarily vested with the responsibility of declaring the public policy of this state. Barrow’s reliance on Tyler is hence misplaced. 34 Congressional legislation cannot eo ipso fashion Oklahoma’s public policy. 35 A federal statute, standing alone, does not articulate Oklahoma’s public policy. Only a specific Oklahoma court decision, slate legislative or constitutional provision, or a provision in the federal constitution that prescribes a norm of conduct for the state can serve as a source of Oklahoma’s public policy. Barrow’s expectation that a basis for the Burk public-policy exception to the at-will employment rule may be supplied solely by a federal statute must be rejected. 36
D.
Barrow’s Reliance on his Employer’s Falsification of Records Injects an Element of Public Interest Sufficient to Support a Burk Claim Without Contravening the Teachings of Hayes v. Eateries, Inc.
¶ 14 We next turn to Barrow’s assertions that decisional law establishes his reports alleging Integris’ (1) falsification of records
37
and (2) public-safety violations
38
afford a breach of public policy for his
Burk
claim. In affirming the nisi prius dismissal
¶ 15 We disagree with COCA’s analysis and its analogy to
Hayes.
A close reading of that decision is instructive here. The court in
Hayes
ruled that a restaurant employee’s internal or external reports of a co-employee’s embezzlement from his employer was neither sufficient to protect nor to assert a legal interest of his own.
40
According to the court, the employee in
Hayes
was not
V16 The court’s emphasis on the distinction in Hayes from all those instances where “whistleblowing” activity was deemed protected has significant implications for today’s case. According to Hayes, to distinguish whistleblowing claims that would support a viable common-law tort claim from those that would not, the public policy breached must truly impact public rather than the employer’s private or simply proprietary interests. 44 We believe Barrow’s claim in this case comes within the scope of protected activity that has public impact, is recognized in Hayes and is actionable within the Burk framework. 45
¶ 17 The legislature has enacted the Home Care Act, 63 O.S.2001 § 1-1960
et seq.,
to regulate and license the home health-care business.
46
According to the act’s published statutory and historical notes, it is “[a]n Act relating to public health and safety”
47
whose terms came to be codified under Title 63. That title embraces the Oklahoma Public Health Code. In addition to home care business licensing and employee certification requirements, the legislature imposed minimum certification standards for a home care agency administrator to include “education or training which shall include ...
supervision, fiscal management, ethics,
...”
48
(emphasis
¶ 18 Barrow’s reports dealing with allegations of falsification by Integris of documents (if indeed Medicare fraud is involved) would likewise be protected activity based on the terms of 21 O.S.2001 § 1589. 49 That statute deals with false entries in books of accounts kept by corporations. Unlike in Hayes, where the there-reported embezzlement was said to affect merely the private and proprietary interest of the restaurant owner, the victim of the crime alleged to have been committed here would be the general public. 50 Medicare is a program paid for by the wages of working taxpayers to benefit those who are over the age of sixty-five or disabled. That it is a federal program is of no consequence. Providing legal recourse to an employee who asserts he was discharged for reporting violations of Oklahoma’s criminal law where the public interest is so closely entwined clearly gives rise to a mandate of public policy on which a Burk claim may be rested.
¶ 19 Oklahoma law protects both internal and external reporting of whistleblowers who rely on an employer’s public-policy violation to support an actionable employment termination.
51
Protecting purely private and proprietary interests of an employer is not a cognizable predicate for this tort.
52
Employ
¶ 20 As a final note, we caution that today’s pronouncement is not to be understood so broadly as to warrant a conclusion that any employee allegation of illegal or unsafe employer’s activity will withstand scrutiny in light of Burk. The pervasive public interest implicated here by the alleged violations of the public health, safety, and welfare is a prominent consideration for protecting these complaints by the breach of public policy shield. Darrow’s petition is hence clearly sufficient to survive Integris’ motion to dismiss.
IV.
SUMMARY
¶ 21 We hold today that COCA erred when it affirmed the trial judge’s dismissal of Darrow’s amended petition. Darrow has alleged facts for which relief is legally possible because they lie within the protected workplace parameters established for a wrongful discharge in breach of public policy.
¶22 The Court of Civil Appeals’ opinion that affirms the trial court’s dismissal of the action for failure to state a claim upon which relief can be granted is vacated, the trial court’s dismissal of the action is reversed, and the cause is remanded for further proceedings to be consistent with this pronouncement.
Notes
. The terms of 12 O.S. Supp.2004 § 2012(B) provide in pertinent part:
Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion:
6. Failure to state a claim upon which relief can be granted;* * *
. Darrow’s amended petition reveals he was an employee of Samaritan Home Care in 1995. He became an employee of Integris when it acquired Samaritan Home Care in 1997.
. Darrow’s amended petition denotes the person who sent the e-mail was an employee of Samaritan Home Based Care. Because none of plaintiff's materials distinguish between the earlier-referenced Samaritan Home Care (see footnote 3) and Samaritan Home Based Care, we assume it is the same company.
. The admitting nurse’s assessment of "no discrepancies” meant there were no safety concerns in the home such as a lack of smoke detectors or the use of non-breakaway security bars.
. Darrow’s supervisor was aware of the former's reports. Plaintiff's amended petition, pgs. 4-5.
. The trial judge granted Integris' motion to dismiss the first petition for failure to state a cause upon which relief can be granted, but gave Darrow leave to amend that petition.
.
Burk v. K-Mart Corp.,
. For the terms of 12 O.S. Supp.2004 § 2012(B) see supra note 2.
.
Lockhart v. Loosen,
. Lockhart, supra note 10, at ¶ 5, at 1078; Indiana National Bank, supra note 10, at ¶ 4, at 375.
.
Zaharias v. Gammill,
.
A-Plus Janitorial & Carpet Cleaning v. The Employers' Workers' Compensation Association,
For the pertinent terms of 12 O.S. Supp.2004 § 2012(B) see supra note 2.
"[A] complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.”
Conley v. Gibson,
.
Great Plains Federal Savings and Loan Association v. Dabney,
. Dabney, supra note 14, at ¶ 3, at 1096 (Opala, J., concurring).
. Lockhart, supra note 10, at ¶ 4, at 1077; Indiana National Bank, supra note 10, at ¶ 4, at 376.
. Lockhart, supra note 10, at ¶ 5, at 1078; Indiana National Bank, supra note 10, at ¶ 4, at 375.
Integris asserts that Darrow does not allege facts that support either a claim of Medicare fraud or which implicate an Oklahoma public policy. (Integris' supplemental brief at p. 2 and motion to dismiss at p. 2) Under our notice pleading regime a motion to dismiss for failure to state a claim upon which relief can be granted replaces the Field Code version of the general demurrer to the pleadings. Committee Comment to 12 O.S. Supp.2004 § 2012(B). “A pleading ... shall contain ... [a] short and plain statement of the claim showing that the pleader is entitled to relief; and ... [a] demand for judgment for the relief to which he deems himself entitled.” 12 O.S.2001 § 2008(A)(1)(2). A motion to dismiss for failure to state facts upon which relief may be granted tests a pleading's sufficiency to support a legally cognizable claim; a motion for summary judgment — a challenge to underlying pleaded and unpleaded facts — tenders the case for adjudication upon application of law to uncontroverted facts, whether pleaded or not, which on all material issues, support but a single inference in favor of the movant.
Hulsey
v.
Mid-America Preferred Insurance Co.,
We find Darrow's amended petition is protected from dismissal by pleading sufficient facts within the meaning of notice-pleading requirements. Crain v. National American Insurance Co., infra note 38, at ¶ 7, at 1038. Darrow's amended petition discloses (1) Integris’ documents that were handled by the petitioner contained unreliable entries and (2) actions by IntegRis that are contrary to the spirit of requirements imposed by a statute later identified as the Home Care Act, 63 O.S.2001 § 1-1960 et seq., infra note 48. If Integris desires to elicit additional facts or wishes to challenge the claim for lack of sufficient facts to support it, it should resort to discovery or seek summary judgment.
.
Miller v. Miller,
. Burk, supra note 8.
. Darrow urges his reporting of discrepancies to the company's quality assurance supervisor was (a) an important public obligation, (b) an exercise of a legal right or interest, (c) an act that public policy would encourage and (d) an act that exposed wrongdoing on the part of his employer. These are four nationally-recognized classifications for public-policy exceptions to the at-will employment rule foreshadowed in
Hinson v. Cameron,
. Medicare fraud is a violation of the False Claims Act, 31 U.S.C. § 3730; the False Statements Act, 18 U.S.C. § 1001; and the Medicare and Medicaid anti-fraud and abuse provision in 42 U.S.C. § 1320a-7.
. The American employment-at-will doctrine holds that an employment contract for an indefinite term may, at the will of either party, be terminated without contractual liability.
Hinson, supra
note 20, at ¶ 9, at 552;
Gilmore v. Enogex, Inc.,
. Burk, supra note 8, at ¶ 17, at 28; Gilmore, supra note 22, at ¶ 11, at 364.
. Burk, supra note 8, at ¶ 18, at 28-29.
. Burk, supra note 8, at ¶ 19, at 29.
.
Hayes v. Eateries, Inc.,
. Oklahoma has recognized various types of claims that fall within the public-policy exception to the at-will employment rule. These include:
Vannerson v. University of Oklahoma,
. "In light of the vague meaning of the term public policy ..."
Burk, supra
note 8, at ¶ 18, at 28-29;
Barker v. State Insurance Fund,
.
Clinton v. State of Oklahoma, ex rel. Logan County Election Board,
.
Tyler v. Original Chili Bowl, Inc.,
.
Griffin v. Mullinix,
.
McKenzie v. Renberg’s Inc.,
.
Shaw v. AAA Engineering & Drafting, Inc.,
. Although the court in Tyler reveals the appellant there did not specify in the record the particular violations of the federal act, we would agree with COCA’s decision insofar as it is based upon the provisions of 63 O.S.2001 § 1-1101 et seq., our Public Health Code provisions dealing with adulterated food.
. "Eo ipso is defined as '[b]y that very act.’ ” Clinton, supra note 29, at ¶ 5, at 546 (Opala, J., concurring).
. Because we are not informed of any specific federal claim on which Integris places reliance, we need not address whether an adequate federal remedy would preclude the existence of a common-law tort claim here.
. In support of his theory dealing with falsification of records, Darrow points to
Gabler v. Holder and Smith, Inc.,
Every person who, with intent to cheat and defraud, shall obtain or attempt to obtain from any person, firm or corporation any money, property or valuable thing, of a value less than Five Hundred Dollars ($500.00), by means or by use of any trick or deception, or false or fraudulent representation or statement or pretense, or by any other means or instruments or device commonly called the "confidence game", or by means or use of any false or bogus checks, or by any other written or printed or engraved instrument or spurious coin, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment, (emphasis supplied)
Darrow here interjects the terms of
A. Every person who willfully prevents any person from giving testimony who has been duly summoned or subpoenaed or endorsed on the criminal information or juvenile petition as a witness, or who makes a report of abuse or neglect pursuant to Sections 7103 and 7104 of Title 10 of the Oklahoma Statutes or Section 10-104 of Title 43A of the Oklahoma Statutes, or who is a witness to any reported crime, or threatens or procures physical or mental harm through force or fear with the intent to prevent any witness from appearing in court to give his testimony, or to alter his testimony is, upon conviction, guilty of a felony punishable by not less than one (1) year nor more than (10) years in the State Penitentiary.
B. Every person who threatens physical harm through force or fear or causes or procures physical harm to be done to any person or harasses any person or causes a person to be harassed because of testimony given by such person in any civil or criminal trial or proceeding, or who makes a report of abuse or neglect pursuant to Sections 7103 and 7104 of Title 10 of the Oklahoma Statutes or Section 10-104 of Title 43A of the Oklahoma Statutes, is, upon conviction, guilty of a felony punishable by not less than one (1) year nor more than ten (10) years in the State Penitentiary.
The terms of § 455 are inapplicable here. Discharge of an employee may limit that individual’s employment-related knowledge by eliminating one from the work situs, but it neither prevents nor attempts to prevent that person from testifying about known company practices. Section 455 cannot serve as the basis for Darrow’s Burk claim.
.In support of his theory dealing with public-safety violations, Darrow cites to
Crain v. National American Insurance Co.,
For support of this proposition Darrow also invokes
Frank's Tong Service, Inc., supra
note 27. There 'a truck driver alleged he was fired for refusing to operate unsafe motor vehicles. In reversing the nisi prius decision that dismissed his claim for failure to state a cause of action, the court relied upon two state statutes regulating the operation of equipment on motor vehicles as an expression of the state’s public policy dealing with highway safety. Darrow also cites to
Trombetta v. Detroit, Toledo & Ironton R.R. Co.,
Darrow further asserts that protecting the infirm is a public-policy basis for his common-law tort claim. For support he cites
Johnson v. Hillcrest Health Center, Inc.,
. Hayes, supra note 26.
. Because the petitioner in
Hayes
did not distinguish whether his reports were made to someone within the company or to an external source, the court addressed both situations. Although the court in this portion of the
Hayes’s
opinion was addressing a report made to an external source about a co-employee’s alleged illegal act, it held the same rationale applies to an internal report
. Hayes, supra note 26, at ¶ 24, at 787.
.
Hayes, supra
note 26, at ¶24, at 786-87. Those public-policy causes recognized by other jurisdictions and cited in
Hayes
include:
Palmer v. Brown,
. Hayes, supra note 26, at V 24, at 787.
. "These latter situations must be distinguished from those which involved merely private or proprietary interests because to support a viable tort claim the public policy must truly be public, rather than merely private or proprietary.” Hayes, supra note 26, at ¶ 24, at 787 (citing Wagner, supra note 42, at 256-57).
. According to Integris, the sources of public policy relied on by Darrow contain no provisions limiting the actions of an employer. Darrow’s claim hence must fail because the law relied on in support of a public-policy tort must touch some aspect of the employment relationship (citing Shero, supra note 26, at ¶¶ 10-11, at 301-302 and Pearson, supra note 26, at ¶ 7, at 445). Those causes are not applicable here because we are dealing with matters of importance to the general public.
. "To the extent Appellant attempts to rely on two statutes under the Oklahoma Nursing Home Act, such provisions are inapplicable since Appellant worked for INTEGRIS' home health care agency, and not a nursing facility.” Integris' supplemental brief, p. 8. Although Integris denies it is subject to the provisions of the Oklahoma Nursing Home Act, 63 O.S.2001 § 1-1901 et seq., its assertion does not address the applicability of the Home Care Act, 63 O.S.2001 § 1-1960 et seq., to today's certiorari.
. See historical and statutoiy notes,
. The terms of 63 O.S.2001 § l-1962a provide:
* * * C. 1. In order to further ensure minimum standards for certification, the Boardshall require a home care agency administrator to receive education or training which shall include, but not be limited to, training in administration, supervision, fiscal management, ethics, community relations, public information and human relations, concerning the issues associated with the operation of home care agencies and programs. Any person employed as an administrator after November 1, 1996, shall have completed the education or training specified by this subsection. * * *
. The terms of 21 O.S.2001 § 1589 provide:
Every person who, with intent to defraud, makes any false entry, or falsely alters any entry made in any book of accounts kept by any corporation within this state, or in any book of accounts kept by any such corporation or its officers, and delivered or intended to be delivered to any person dealing with such corporation, by which any pecuniary obligation, claim or credit is, or purports to be, discharged, diminished, increased, created or in any manner affected, is guilty of forgery in the second degree.
. "It is the public policy in Oklahoma and everywhere to encourage the disclosure of criminal activity, and a ruling here in accordance with the argument advanced by appellants would serve to frustrate this policy.”
Lachman v. Sperry-Sun Well Surveying Co.,
"No public policy is more basic, nothing more implicit in the concept of ordered liberty ... than the enforcement of a State's criminal code.”
Palmateer v. International Harvester,
"This Court is generally free to grant corrective relief on any applicable legal theory disposi-tive of the case and supported by the record when the issue is one of public law.”
State v. Torres,
. Barker, supra note 28, at ¶ 16, at 465.
. Hayes, supra note 26, at ¶¶ 23-26, at 786-788.
Some facets of business activities that are of a purely private and entrepreneurial character
. 'Wagner, supra note 42, at 257. We agree with those jurisdictions that extend this measure of protection to at-will employees. See supra note 42.
. The terms of 74 O.S. Supp.2003 § 840-2.5 provide:
A. This section shall be known and may be cited as the "Whistleblower Act”. The purpose of the Whistleblower Act is to encourage and protect the reporting of wrongful governmental activities and to deter retaliation against state employees for reporting those activities. No conviction of any person shall be required to afford protection for any employee under this section.
B. For purposes of this section, "agency” means any office, department, commission or institution of the state government. No officer or employee of any state agency shall prohibit or take disciplinary action against employees of such agency, whether subject to the provisions of the Merit System or in unclassified service, for:
1. Disclosing public information to correct what the employee reasonably believes evidences a violation of the Oklahoma Constitution or law or a rule promulgated pursuant to law;
2. Reporting a violation of the Oklahoma Constitution, state or federal law, rule or policy; mismanagement; a gross waste of public funds; an abuse of authority; or a substantial and specific danger to public health or safety;
3. Discussing the operations and functions of the agency, either specifically or generally, with the Governor, members of the Legislature, the print or electronic media or other persons in a position to investigate or initiate corrective action; or
4. Taking any of the above actions without giving prior notice to the employee’s supervisor or anyone else in the employee’s chain of command. * * *
.See Wagner, supra note 42, at 257.