Employer-Employee: Public Employee Whistleblower-Sufficiency of Evidence

Plaintiff appealed the dismissal of her complaint against her former employer, which sought relief under the public employee whistleblower statute. Plaintiff argued that she adequately alleged that she disclosed a covered action and subsequently suffered a disciplinary action. Plaintiff also challenged defendant’s argument that the statute was unconstitutionally vague.

Where cities were not protected by due process, defendant lacked standing to bring a vagueness challenge. Plaintiff sufficiently alleged a whistleblower claim by asserting that she reported reasonably suspected wrongdoing to human resources and then was suspended and forced to resign.

Judgment is reversed and remanded.

Spurlock v. City of Columbia (MLW No. 79753/Case No. WD85580 – 11 pages) (Missouri Court of Appeals, Western District, Ardini, J.) Appealed from circuit court, Boone County, Jacobs, J. (John A. Hirth, Columbia, for appellant) (Mollie G. Mohan, St. Louis, for respondent)