James Van Kirk v. Burns & McDonnell Engineering Company, Inc.

James Van Kirk appeals the circuit court’s judgment dismissing his wrongful discharge petition against his former employer, Burns & McDonnell Engineering Company, Inc., and affiliates of Burns & McDonnell, Does l-3(colléctívely, “Burns”) for failure to state a claim upon which relief could be granted. Van Kirk contends his petition adequately states two claims that he was wrongfully discharged for whistleblowing. For reasons explained herein, we reverse and remand the case for further proceedings.

Factual and Procedural History

On appeal from a dismissal for failure to state a claim, we assume…