What is the burden of proof for a whistleblower claim?

The burden of proof for a whistleblower claim in Mississippi is the same as in other states and is based upon the legal principle of “preponderance of evidence.” This means that the whistleblower must show that it is more likely than not that the employer has violated the whistleblower protection law. The whistleblower must provide evidence that the allegedly wrongful act took place and that their protected activity was a contributing factor to the retaliatory action taken against them. As with most legal matters, evidence is paramount when making a whistleblower claim. Whistleblowers must provide evidence that the employer’s conduct was enough to meet the threshold of actionable retaliation. Evidence that can be used to prove a complaint includes emails, records, or even witness statements. It is also important to note that in most cases, the whistleblower does not need to prove that the employer’s actions were intentional, only that the employer’s conduct was wrongful. Ultimately, the burden of proof for a successful whistleblower claim lies with the complainant. In order to have a successful case, the whistleblower must provide evidence to support their claims of wrongful action. If the complainant is unable to meet this burden of proof, the case may be dismissed.

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What is the burden of proof for a whistleblower claim?

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