EMPLOYMENT LAW – Whistleblower Act, Claim of retaliatory discharge, “good faith” report: Thornton v. Office of the Fayette County Attorney (COA 8/14/2009)

Thornton v. Office of the Fayette County Attorney
2008-CA-000740 8/14/09 2009 WL 2475329

Opinion by Judge Clayton; Chief Judge Combs and Judge Nickell concurred.

The court affirmed a summary judgment in favor of appellees on appellant’s claim for retaliation under the Kentucky Whistleblower Act, KRS 61.102 and KRS 61.103. The Court held that the trial court properly found that appellant did not make a “good faith” report under KRS 61.102. Although hearsay did not necessarily obviate good faith, because appellant worked primarily out of the office and made no attempt to corroborate or discover firsthand information about the suspected activities, she failed to establish that her report was made in good faith. The Court also held that summary judgment was proper because appellant failed to provide specific facts to call into question the alleged motive for her termination in light of the employer’s deposition stating lack of knowledge of the reporting. The Court finally held that appellant’s actions did not support, aid or substantiate another person reporting the activity as contemplated under KRS 61.102(2) because she had no personal knowledge or information about the allegations.