Making a whistleblower statement just got a little safer following a decision by the Minnesota State Court today. In answering a certified question, the Court determined that the legislature’s 2013 amendment to the Whistleblower statute essentially repealed the Court’s common law definition of “good faith.”
To prevail on a whistleblower claim, the whistleblower no longer has to prove that her intent was to expose an otherwise unknown illegality. “Good faith” simply requires that the whistleblower’s statement is not knowingly false or in reckless disregard of the truth. Under this less stringent definition of “good faith,” a whistleblower can speak out about a perceived illegality (even if the employer is already aware of it) and maintain the protections offered by the Whistleblower statute.

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