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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 constitutes an actual violation of a statute, constitutional provision, or regulation; the employee was discharged; and the discharge was caused by the report. 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 employer directed the employee to perform conduct that actually violated a statute, constitutional provision, or regulation; the employee specifically refused to perform the act; the employee was discharged and the discharge was caused by the refusal to perform the act. This act is similar to HB 1456 (2006). CHRIS HOGERTY |