What is the burden of proof for a whistleblower claim?

The burden of proof for a whistleblower claim in Washington is the same as any other civil claim, which is “a preponderance of the evidence”. This term means that the plaintiff (the whistleblower, in this case) must provide evidence that is more likely to be true than not true. A preponderance of the evidence is a lower standard than “beyond a reasonable doubt” which is the standard used in criminal law. Under Washington law, a whistleblower must prove that they reported a suspected violation of law or other public harm; that they were retaliated against because of the report; and that the retaliatory action was actually caused by the report. The whistleblower must also show that the report was credible enough that a reasonable person would believe it to be true, and that a reasonable person would believe retaliatory action would be taken against them for making the report. In some cases, additional evidence may be needed to prove a whistleblower’s claim, such as evidence of an employer’s knowledge or intent to retaliate. This evidence can come from witnesses, documents, or other testimony and must be sufficient to prove each element of the claimant’s case. It is important to remember that the burden of proof remains with the whistleblower throughout the entire process. The whistleblower must provide evidence that clearly shows that the alleged violation of law or other public harm took place, and that the retaliatory action was actually caused by the report. This can be a difficult standard to meet, and it is best to consult with an experienced attorney to ensure the best possible outcome.

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