Whistleblower claim thrown out because the employer did not announce it was violating the law
Jessica Moyer was demoted and then discharged from the Comprehensive Rehabilitation Center in Jackson County. She claimed her demotion and discharge from her position managing two resident care homes occurred because she reported resident care violations to the state. She filed a Whistleblower Protection Action. Unfortunately, she did not file suit within 90 days of her demotion, so some of her claims were not considered.
With regard to the remaining claim, the Court of Appeals held that "mere proximity in time" is not adequate to prove that the Defendant's disciplinary measures were motivated by Moyer's Whistleblowing activities. Because there was no proof that on the day she was fired "protected reporting was even mentioned" and because her testimony that she was abused by supervisory personnel after the reports was merely "subjective," Moyer's claim was dismissed as a matter of law. Judge Bandstra was one of the authors of the opinion; he is virtually always hostile to employment or injury claims.