Ernst v. Union Cnty. Conservation Dist., 2022 U.S. Dist. LEXIS 104535 (M.D. Pa. June 10, 2022) (Brann, C.J.) In March 2021, Plaintiff Eric Ernst, a Union County Conservation District employee for fifteen years, reported that his agency was improperly processing certain environmental permits. When Ernst's supervisor learned of these reports, he became upset and irritated, and four weeks later, Ernst was fired. Ernst now brings suit against his former employer, alleging discrimination and violations of the Pennsylvania Whistleblower Law. The Conservation District moves to dismiss the claim under the Whistleblower Law, asserting that Ernst failed to allege (a) he reported "wrongdoing," as defined in the statute, and (b) a causal link between his reports of wrongdoing and his termination. But that's incorrect. For the reasons provided below, the Conservation District's motion to dismiss is denied. Ernst's Complaint and Opposition leave many questions unanswered. Although Ernst endeavors in his Opposition to outline the legal basis for the violations he reported, he does not identify any statutory or regulatory provision that "specifically define[s] some prohibited conduct" regarding the processing of NPDES permits. Moving forward, this omission, if left unaddressed, will prove fatal. But at…
WRONGFUL DISCHARGE-WHISTLEBLOWER LAW-UNION COUNTY CONSERVATION DISTRICT
June 28th, 2022 by Rieders Travis in Employment Rights