Whistleblower Awarded Attorney’s Fees

By Katie Hauser

Published on February 21, 2007

Alan Hardy worked as general manager of the fair and was its only full-time employee from 1991 to 2004. From 1997 to 2004, he complained to the Hopkinton State Fair Association that the majority of the group's members were involved in nepotism and financial conflicts of interest. Hardy said he tried to convince the association to comply with state laws that require boards of nonprofit groups like the fair association to employ a specific number of independent directors who do not have conflicts of interest. He also encouraged the association to provide public disclosure of transactions benefiting the group's members, but was given no response.

In November 2004, Hardy reported to the association that he had consulted the Office of Charitable Trusts, which is a part of the attorney general’s office. He was dismissed from his job two days later.

Hardy filed and won a lawsuit under the Whistleblower’s Protection Act for restoration of his job with back pay and benefits. However, he was not reimbursed for legal costs and attorney’s fees. In a recent trial, Justice James Duggan reversed a previous decision and demanded that Hardy be compensated for all his legal costs. Duggan claimed that the settlement would encourage future whistleblowers.

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