Sec. 1. 26 MRSA §833, sub-§1, ¶D, as enacted by PL 1987, c. 782, §4, is amended to read:

D. The employee acting in good faith, has refused to carry out a directive to engage in activity that the employee has reasonable cause to believe is a violation of a law or rule adopted under the laws of this State, a political subdivision of this State or the United States or that would expose the employee or any individual to a condition that would result in serious injury or death, after having sought and been unable to obtain a correction of the illegal activity or dangerous condition from the employer.

SUMMARY

This bill provides protection for an employee who is retaliated against because the employee has refused to carry out a directive of the employer that the employee has reasonable cause to believe compels the employee to violate the law. The Law Court has held that the existing statutory language protects only those employees who refuse to carry out a directive that would result in serious injury or death, see Devoid v. Clair Buick Cadillac, Inc., 699 A. 2d 749 (Me. 1996). The bill is intended to correct the problem noted by the Law Court.