Opinion
No. 480 MAL 2021
11-16-2021
Donna Davis JAVITZ, Petitioner v. LUZERNE COUNTY, Robert Lawton, and David Parsnik, Respondents
ORDER
PER CURIAM.
AND NOW, this 16th day of November, 2021, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are:
(1) Whether this Court should allow this appeal to proceed where the Commonwealth Court in this case has rejected the well-established holding of the Supreme Court in O'Rourke v. Commonwealth, 566 Pa. 161, 778 A.2d 1194, 1200 (2001) and Golashevsky [Golaschevsky] v. Department of Environmental Protection, 554 Pa. 157, 720 A.2d 757, 759 (1998) and instead determined that in order to establish a prima facie case under the Whistleblower Law a litigant must establish causation with direct evidence proving (1) the County directly threatened [Petitioner] with adverse employment action for filing a report or (2) specifically directed [Petitioner] not to file the report, in effect nullifying the Whistleblower Law?
(2) Did the Commonwealth Court err in entering an order dismissing this appeal by limiting its finding of facts and misapplying the law established by the Supreme Court?