Whistleblower case dismissed as employee cannot prove his threat to report involved illegal conduct.
Eagle Xpress and Alan DeMeester successfully argued for the dismissal of Randy Bisard's whistleblower claim this week. The Court upheld the dismissal of Bisard's lawsuit, finding that the truckdriver could not prove that the Defendants' conduct--which he threatened to expose--was illegal. Bisard claimed that he was told to make a delivery that would have, of necessity, required a breach of driving hours and falsification of his log. He pulled over after driving 10.25 hours and refused to make a delivery at 8 a.m. that would have necessitated a violation of law. He claimed the 8 a.m. delivery time was mandatory with the recipient.
It was acknowledged by Defendants that Bisard also threatened to report the company to the Department of Transportation if his supervisors maintained pressure on him to breach the rules on driving hours. The Defendants maintained that the 8 a.m. delivery time was flexible and fired Bisard for failing to complete it on a timely basis. The Court, quite surprisingly, apparently resolved this conflict in testimony between the company and Bisard in the company's favor and upheld the summary disposition of Bisard's claim. Since he could not "prove" that the conduct he threatened to report was illegal, he could not maintain a whistleblower claim.