Were Plaintiffs’ Claims Necessary for Effective Enforcement of Public Policy?
To succeed on a claim of wrongful discharge in violation of public policy, the plaintiff must prove the following: (1) the existence of a clear public policy protecting the plaintiffs; (2) that discouraging the conduct would jeopardize public policy; (3) the employee’s conduct caused the dismissal; and (4) the employer is not able to justify the dismissal. Plaintiffs satisfied the first element of their claim by demonstrating that a strong public policy protected their rights as whistleblowers. However, the court found that they could not meet their burden under the second element because the Energy Reorganization Act (“ERA”) adequately protected their rights to report an employer’s misconduct without retaliation or reprisal. Moreover, the ERA provides an administrative process for the adjudication of whistleblower complaints, back pay, reinstatement of the complainant to his or her former work position, compensatory damages, attorney fees and expert costs. Therefore, plaintiffs could
