Section 9 Report or Complaint Made to Proper Parties

• Library: Employment Discrimination 2008

Missouri law allows an employee to bring a public policy claim for wrongful discharge “if an employee is discharged for . . . reporting wrongdoing or violations of law or public policy by the employer or fellow employees to superiors or third parties . . . .” Brenneke v. Dep’t of Mo., Veterans of Foreign Wars of United States of Am., 984 S.W.2d 134, 138 (Mo. App. W.D. 1998). Internal reporting solely to the employer has been found to satisfy the element of reporting for a wrongful discharge whistleblower action, as long as the reporting is made to the appropriate persons of the employer. See:

• Lynch v. Blanke Baer & Bowey Krimko, Inc., 901 S.W.2d 147 (Mo. App. E.D. 1995)

• Beasley v. Affiliated Hosp. Prods., 713 S.W.2d 557, 560–61 (Mo. App. E.D. 1986)

• Dunn v. Enter. Rent-A-Car Co., 170 S.W.3d 1 (Mo. App. E.D. 2005)

• Boyle v. Vista Eyewear, Inc., 700 S.W.2d 859, 878 (Mo. App. W.D. 1985)

The court in Brenneke held that the plaintiff’s internal report to three officers at the Veterans of Foreign Wars of the United States about allegations of internal stealing by a coworker satisfied this element and expressly found unnecessary any requirement that outside authorities be contacted. Brenneke, 984 S.W.2d at 138.

In Faust v. Ryder Commercial Leasing & Services, 954 S.W.2d 383 (Mo. App. W.D. 1997), the plaintiff’s reporting solely to the wrongdoer was found...