Lee v. Town of Denmark

Summary

The Maine Supreme Judicial Court affirmed summary judgment for the Town of Denmark on Michael A. Lee’s claim under Maine’s Whistleblowers’ Protection Act. The court held that Lee’s dispute over the interpretation and alleged breach of his employment contract did not constitute a report of unlawful activity, and that his subjective belief that the Town violated Maine law or its charter was insufficient to satisfy the Act’s reasonable-cause requirement.

Holdings

1. A dispute over the interpretation of an employment contract, without more, is not a report of illegal activity and does not constitute protected activity under the Maine Whistleblowers' Protection Act.
2. A subjective belief that an employer's conduct is unlawful is insufficient; the belief must also be objectively reasonable, meaning that a reasonable person might have believed illegal activity occurred.

Questions Presented

1. Whether Lee engaged in activity protected by Maine's Whistleblowers' Protection Act when he reported that the Town's interpretation or breach of his employment contract violated Maine law and the Town's charter.
2. Whether an employee's dispute over the interpretation or ordinary breach of an employment contract, without more, constitutes a report of unlawful activity under the Act.

Disposition

affirmed