State and federal statutes protect employees who report evidence of fraud or wrongdoing from retaliation. These employees who alert government authorities to wrongdoing are sometimes referred to as whistleblowers and the laws that protect them from retaliation are known as whistleblower laws.
For example, the Whistleblower Protection Act of 1989 is a federal statute that protects federal government employees who report possible wrongdoing from retaliation. See 5 U.S.C. §2302(b)(8). Whistleblowers are required to submit information and documents to support their claims, and may be subject to criminal prosecution for making a false claim.
And employees of manufacturers, private labelers, distributors, and retailers are protected from retaliation by their employers for disclosing activities related to the violation of the federal consumer product safety law. See 15 U.S.C. §2087.
Whistleblower laws vary from state to state and in the federal system—and with the nature of the wrongdoing or illegal activity reported—but generally involve the protected disclosure by an employee of:
• the violation of any state or federal law, rule, or regulation;
• fraudulent billing of a state or federal governmental entity for goods or services;
• gross mismanagement of a state or federal contract or grant;
• gross mismanagement;
• gross waste of funds;
• abuse of authority;
• substantial and specific danger to public health or safety.
In West Virginia, as in other states, employees who report fraud or wrongdoing are protected by both state and federal whistleblower laws. These laws are designed to shield individuals who come forward with information about illegal activities from retaliation by their employers. The Whistleblower Protection Act of 1989 is a key federal statute that safeguards federal employees who disclose evidence of wrongdoing, ensuring they are not subject to reprisal for their actions. Under this act, whistleblowers must provide supporting information and documents for their claims and are warned against making false claims, which could lead to criminal prosecution. Additionally, under federal law, specifically 15 U.S.C. §2087, employees involved with consumer products are protected when reporting legal violations related to consumer product safety. While the specifics of whistleblower protections can vary, they typically cover reporting state or federal legal violations, fraudulent billing of government entities, gross mismanagement of contracts or grants, waste of funds, abuse of authority, and actions that pose a danger to public health or safety. It's important for employees in West Virginia to understand both the protections afforded to them and the responsibilities they have when reporting wrongdoing.