SCS/SB 168 - Under this act, employees shall not be discharged when elements of a whistle-blower cause of action for wrongful discharge are established. This cause of action is established if an employee proves by a preponderance of the evidence that the employee reported to the proper authorities conduct that the employee had a good faith and reasonable belief violated the law and well-established and clearly mandated public policy as expressed in a statute, constitutional provision, or regulation; the employee was discharged; and the report was the determining factor in the discharge. Similarly, employees shall not be discharged when elements of a refusal to commit an illegal act cause of action for wrongful discharge are established. This cause of action is established if an employee proves by a preponderance of the evidence that the employee acted to prevent the performance of conduct that the employee had a good faith and reasonable belief would if completed, violate the law and well-established and clearly mandated public policy as expressed in a statute, constitutional provision, or regulation; the employee opposed the performance of the act, or refused to perform the act; the employee's opposition or refusal to perform was the determining factor in the discharge.
This act is similar to HB 1456 (2005).
CHRIS HOGERTY