Whistleblower's Protection Act Did Not Apply

Specialty Lines	Employment Termination
Employment Related Practices	Retaliatory Discharge

When Janette Shallal (Shallal) was terminated by her employer, the Catholic Social Services (CSS) Of Wayne County, she filed suit. She alleged the termination was retaliatory discharge.

Shallal had discussed concerns with her supervisor and an honorary board member about the president of CSS, Thomas D. Quinn. Shallal alleged Quinn had misused agency funds and was drinking on the job. Even though Shallal discussed these things as mentioned, she did not take formal action because she feared losing her job.

Shallal supervised the placement and adoption of infant Ray Glover. Shortly after the adoption, the former foster mother reported to Shallal an alleged incident of abuse to the infant by the new adoptive mother. Shallal did not report the incident to the Department of Social Services (DSS).

A routine follow-up was made by CSS within 30 days, but only minor scratches could be seen on the infant, so no action was taken. Shortly after that, the infant was admitted to the hospital in critical condition from having been violently shaken. The infant went into a chronic vegetative state and had permanent and severe brain damage.

The Department of Social Services (DSS) investigated CSS, criticizing both CSS for improper procedures/practices and Shallal personally, although the DSS did not recommend termination of Shallal.

Quinn met with Shallal to discuss the situation. The discussion became heated. Shallal indicated her intent to make a complaint against Quinn if he did not improve his conduct. Citing the DSS report, Quinn had Shallal fired. Shallal filed suit, citing retaliatory discharge and stated that other employees with similar complaints were not fired.

The trial court ruled that even though the Michigan version of the Whistleblowers Protection Act protected not only the actual Whistleblower but also those about to report, Shallal could not prove that she was indeed about to report the alleged improper activities of Quinn.

It appeared Shallal had no actual proof gathered or other supporting evidence that she intended to go through with her allegations. As such, she was not a protected employee. The ruling was appealed but upheld by the Court of Appeals. Finally, it was further supported by the Michigan Supreme Court in a mixed decision with dissent.

Janette Shallal, Plaintiff-Appellant vs. Catholic Social Services of Wayne County and Thomas D. Quinn, Defendants-Appellees, Michigan Supreme Court, Lansing Michigan, No. 97-103125, July 30, 1997.