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October 23rd, 2009

Whistleblower Cases

Posted By Attorney Don C Meade

Kentucky offers protection for state employees who blow the whistle on waste, abuse, mismanagement or other problems.

The statute offers very broad protections and awards damages for lost wages, embarrassment and humiliation, attorney fees and punitive damages. The statute was recently interpreted by the Kentucky Supreme Court to cover instances of complaining internally, ending a dispute in the law about whether an employee had to make a complaint to some outside agency.

I have a case currently set for trial in February against the University of Louisville. We allege that a technician was fired as a result of vigorous complaints about having his workshop ventilation sealed off, where they did welding, painting, spraying and used other noxious chemicals. We have survived the summary judgment stage, which is where most employment cases face their strongest test as a mini-trial on paper before the judge.

It is difficult to get cases fully prepared and ready for trial, so I am excited about the prospect of getting in front of a jury early next year!

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