Jonathan Scarborough v. Federated Mutual Insurance Co.
Opinion
In 2014, Jonathan Scarborough was fired by his employer, Federated Mutual Insurance Company. Scarborough sued, claiming that he was fired for engaging in conduct that was protected by the Minnesota Whistleblower Act (MWA or the act). Scarborough submitted evidence that he told his supervisors about an employee who was stealing from Federated, and alerted them to potential consequences. The district court granted Federated's motion for summary judgment after determining that Scarborough's disclosures did not qualify as MWA-protected reports. We review grants of summary judgment de novo.
Hohn v. BNSF Ry. Co.
,
The MWA protects employees who "in good faith, report[ ] a violation, suspected violation, or planned violation of any federal or state law or common law or rule adopted pursuant to law to an employer ...."
In 2013, the Minnesota legislature amended the MWA and added definitions of "report" and "good faith." A report is now defined as "a verbal, written, or electronic communication by an employee about an actual, suspected, or planned violation of a statute, regulation, or common law, whether committed by an employer or a third party."
As the Minnesota Supreme Court recently explained, "the 2013 amendment to the Minnesota Whistleblower Act ... eliminated the judicially created requirement that a putative whistleblower act with the purpose of exposing an illegality."
Friedlander v. Edwards Lifescis., LLC
,
The district court granted Federated summary judgment after the 2013 amendment of the MWA, but before the Minnesota Supreme Court handed down Friedlander . It is clear that the district court relied on the pre-amendment judge-made definitions of report and good faith when it granted summary judgment to Federated. Because those definitions were abrogated by the Minnesota legislature in 2013, we must vacate and remand. We decline to address the parties' multitude of factual arguments. And we express no opinion as to the merits of Scarborough's claim for relief-contrary to the parties' suggestion on appeal, that determination is best made by the district court in the first instance.
We vacate the judgment of the district court and remand for reconsideration of summary judgment in light of the Minnesota Supreme Court's decision in Friedlander .
Reference
- Full Case Name
- Jonathan SCARBOROUGH, Plaintiff-Appellant v. FEDERATED MUTUAL INSURANCE COMPANY, Defendant-Appellee
- Cited By
- 1 case
- Status
- Published