Article by Dr. Markus G. Puder
This Article calls for bringing Louisiana’s general whistleblower law into the twenty-first century, along the paths charted by the State of California and the European Union. In general, whistleblowers are those employees who discover violations of law at their workplace and disclose their findings either externally or internally. When subjected to employer retaliation and reprisal, most whistleblowers would need to proceed under their state’s general whistleblower law to seek relief. After discussing the elements of the Louisiana Whistleblower Statute and assessing its performance record in light of indigenous jurisprudence and comparative experiences in California and Europe, the Article urges reform legislation that codifies a “reasonable belief standard” for good faith whistleblowing, extends the statute of limitations, and makes available exemplary (punitive) damages. These reforms would not unduly tilt the balance in favor of employees as the cultural, psychological, financial, and legal barriers that a good faith whistleblower will inevitably have to clear remain formidable.
About the Authors
Markus G. Puder, The Honorable Herbert W. Christenberry Professor of Law, Loyola University New Orleans College of Law. First Legal State Examination, Ludwig-Maximilians University, Munich, Germany; Second Legal State Examination, Munich Upper Court of Appeals; LL.M., Georgetown University Law Center; Ph.D. in Law, Ludwig-Maximilians University. Member of the New York State Bar and the U.S. Supreme Court Bar.
Citation
96 Tul. L. Rev. 223 (2021)