Terminated Employee Protected By Whistleblower's Protection Act

Specialty Lines	Management Practices
Employment Related Practices	No Breach of Contract

Sue Ann Dolan (Dolan) worked for Continental Airlines (Continental) as a ticketing agent. Because of the Persian Gulf War, airport security was tightened countrywide. Airport employees were given information and profiles on persons that may cause concern about drug and terrorist activities.

Continental employees were asked to report anyone that may fit such profiles to airport security. Dolan did so, and an arrest was made by the Federal Drug Enforcement Agency (DEA). Dolan reported a second incident and was promised a reward by the DEA.

Continental then released a written notice stating that any such reports must be made to a manager of Continental before any contact with an outside agency. After the notice was posted, Dolan had contact with the DEA.

When Continental confronted Dolan, she denied contact. However, after supporting evidence of contact was made in writing by fellow employees who alleged Dolan had turned two passenger names into the DEA, Dolan then admitted contact. But she stated it was to determine the status of her reward.

As a result, Dolan's employment was terminated. She filed and refiled suit against Continental, finally consolidating reasons for wrongful discharge in violation of public policy and breach of contract and under the Whistleblower's Protection Act (WPA).

The trial court dismissed the complaint with prejudice. The Court of Appeals affirmed.

The decision of the Michigan Supreme Court determined that there was no action for wrongful discharge in violation of public policy nor breach of contract, but there was protection under the WPA.

Sue Ann Dolan, Plaintiff-Appellant vs. Continental Airlines/Continental Express, a Delaware corporation, Defendant-Appellee. Michigan Supreme Court, Lansing, Michigan. No. 97-102413, May 20, 1997.