Connecticut Supreme Court Expands Protection For Would-Be Whistleblowers

Connecticut whistleblowers were handed a siren to sound the alarm on employers this week. In interpreting the state constitution in Trusz v. UBS Realty Investors, LLC, SC 19323 (Conn. Sup. Ct., official release Oct. 13, 2015), the Connecticut Supreme Court found whistleblower rights to be broader than those afforded by the United States Constitution's First Amendment. With respect to free speech, the Court found that the Connecticut constitution "protects employee speech in the public workplace on the widest possible range of topics, as long as the speech does not undermine the employer's legitimate interest in maintaining discipline, harmony, and efficiency in the workplace."

The plaintiff, Richard Trusz, was the head of UBS Realty's valuation unit and a managing director of UBS Realty. He oversaw the process that led to valuation of properties in UBS Realty's privately-owned real estate investment portfolio. Trusz suspected errors as a result of insufficient staffing and resources dedicated toward the valuation process and reported it to UBS management in 2008, adding that the errors should be disclosed and a portion of collected...