Consider this hypothetical.

Erin Bragovich works in the permitting department of Shortcut Land Development Company (“Shortcut”). In a phone call, Erin tells her supervisor that she believes that Shortcut is violating a local zoning ordinance enacted by Sunshine City. Immediately after telling her manager about the suspected zoning violation, Erin files a sworn complaint with the Sunshine City Zoning Department reporting the violation. Shortcut fires Erin after it learns about her complaint.

Which of the following statements is correct?

A.  Erin has a claim for whistleblower protection if she had a good faith belief that Shortcut was violating a zoning ordinance, even if there was no actual violation.

B.  Erin has a claim for whistleblower protection because her complaint to the City’s Zoning Department represents a valid exercise of her First Amendment Right to Free Speech.

C.  Erin does not have a claim for whistleblower protection because she did not disclose the violation to her supervisor in writing, nor did she give Shortcut a reasonable opportunity to correct the violation before she made the report to the Zoning Department.

D.  Erin does not have a claim for whistleblower protection because the subject of her disclosure was the violation of a local ordinance, not a violation of state or federal law.Continue Reading Employment Law IQ: Retaliation and Whistleblower Liability