Divided COA Rejects Whistleblower Suit

Yesterday in Helm v. Appalachian State University the Court of Appeals affirmed the dismissal of a former App State employee's suit under the State's Whistleblower Act because she failed to adequately allege (as an essential element) that she engaged in a "protected activity." Judge Calabria dissented, contending that plaintiff adequately alleged that the conduct she reported involved mismanagement of public funds.