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Mike McQueary sues Penn State for violation of the Whistleblower Act

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(Andrew Weber/US Presswire)

In another twist to what has already been a sad and bizarre story coming out of State College, former Penn State assistant coach Mike McQueary field suit against Penn State University on Monday under the state's Whistleblower Law.

The "writ of summons" issued Tuesday in court on behalf of the former wide receivers coach is the first step towards McQueary counterattacking his damaged reputation for his involvement in the Jerry Sandusky scandal.

McQueary's reporting of Sandusky, the program's former defensive coordinator, and the alleged molestation of a 10-year old boy on the Penn State campus during the winter of 2001 was the crux of McQueary's testimony. McQueary, who saw the act and reported it to then head coach Joe Paterno and later to university officials, was placed on administrative leave this past November when the incident came to light.

As of now, Penn State is unable to comment on the filing.

"The University has not yet received the complaint and so cannot comment on it at this time," Lisa Powers, the university's Director of the Department of Public Information told Yahoo! Sports.

Requests by Yahoo! Sports to McQueary's lawyer Elliott Strokoff for comment went unanswered.

Even though he has yet to be fired, McQueary is entitled as a state employee under Pennsylvania law to find protection under the codified "Whistleblower Act." The motion is based on the law prohibiting retaliation for an employee reporting an illegal activity:

"No employer may discharge, threaten or otherwise discriminate or retaliate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because the employee or a person acting on behalf of the employee makes a good faith report or is about to report, verbally or in writing, to the employer or appropriate authority an instance of wrongdoing or waste."

The question of course is if McQueary did enough in his initial report to Paterno and university officials as he did not notify law enforcement officials of what he claims to have seen taking place.

Tuesday's action falls just within the 180 day window for filing suit provided under the 13-year old law.

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