Also known as: whistleblowers · informant
Written by attorneys · grounded in primary & secondary sources — see below
An employee who reports employer wrongdoing to a governmental or law-enforcement agency. Federal and state laws protect such employees from retaliation by the employer.
Select any source to read its text and confirm it supports the definition.
Wayne Walker, a whistleblower at Woodridge Manufacturing, contacted police after observing his supervisor conceal a handgun in a waistband during a shift dispute. Officers used the details from the report to conduct a limited pat-down and recovered the weapon. The information supplied the specific basis for the direct retrieval during the encounter.
Winona Walsh, a whistleblower at Warwick Electronics, provided regulators with detailed accounts of falsified safety tests at the plant. Investigators combined the report with shipping logs and employee schedules to obtain a search warrant. The combined information established a fair probability that evidence of violations would be found.
Winter Wolfe, a whistleblower at Wrightway Engineering, agreed to cooperate with investigators after reporting procurement fraud by company officers. Authorities placed her in a cell with an indicted executive but instructed her only to listen. No statements were elicited beyond passive presence, so the placement did not trigger constitutional concerns.
Warren Wu, a whistleblower at Watershed Pharmaceuticals, was compensated to gather evidence of executive misconduct after filing an internal complaint. Authorities placed him in a cell with an indicted colleague and directed him to ask targeted questions about the charged conduct. The deliberate elicitation after indictment violated the right to counsel.
The plaintiff must show that the defendant acted with actual malice by publishing the statement with knowledge of its falsity or with reckless disregard for its truth. Relying on an uninvestigated draft complaint while presenting its contents as established fact satisfies reckless disregard. Truth remains a complete defense regardless of the source.
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The element fails when more than one person fits the described role and the plaintiff cannot prove that recipients understood the statement to refer specifically to her. Evidence such as co-worker testimony or internal records is required to link the accusation to the plaintiff rather than to another employee who matches the description.
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Yes. A statement that accurately reflects the plaintiff's actual conduct is not defamatory, regardless of its source or the seriousness of the accusation. The falsity element is absent, so liability does not arise.
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The plaintiff must prove that the defendant acted with actual malice, meaning knowledge of falsity or reckless disregard for the truth. Negligence or ill will toward the plaintiff is insufficient. The publisher's own state of mind controls, not the mental state of any source.
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A lawyer has no duty to report when the knowledge was acquired solely while participating in an approved confidential lawyers' assistance program. The exception protects the confidentiality of such programs even when the disclosed conduct raises a substantial question about honesty or fitness.
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