The Missouri legislature has passed the Whistleblower Protection Act (“WPA”). Despite the name, the lawsuit isn’t intended to protect you. The WPA serves as the sole and exclusive remedy for employees who report violations in Missouri. If the employer engages in retaliatory conduct, then the whistleblower must proceed according to the WPA.
In terms of eligibility, the WPA only applies to a “protected person.” A protected person is someone who reports their employer’s illegal activity or serious wrongdoing. This person must submit their report to the “proper authorities,” which include government officials, law enforcement officers and the employer’s human resources agents. A protected person is also someone who refuses to obey their employer’s orders, if doing so would result in illegal activity or serious wrongdoing. Finally, if it’s the person’s job to discover the illegal activity, then the person isn’t protected. In other words, the Missouri legislature will protect the janitor who discovers the CEO is embezzling money, but it won’t protect the CFO (who has access to the books) who reports the embezzlement.