Rhode Island Whistleblower Laws: Protections and How to Report

Overview of Rhode Island Whistleblower Laws

Rhode Island is an employment-at-will state, meaning employers can generally terminate workers for any reason or no reason at all. However, state and federal whistleblower protections create important exceptions to this rule. Employees who report illegal activity, refuse to participate in unlawful conduct, or cooperate with government investigations have legal safeguards against employer retaliation.

Rhode Island does not recognize a broad common law public policy exception to at-will employment for whistleblowing. Instead, the state relies on a network of statutory protections. The most significant of these is the Rhode Island Whistleblowers' Protection Act, codified at R.I. Gen. Laws Chapter 28-50. Several other state statutes also provide protections in specific contexts, including workplace safety, discrimination, and wage violations.

Federal whistleblower laws also apply to Rhode Island workers and provide additional layers of protection. For a full overview of those protections, see our guide to Federal Whistleblower Laws.

The Rhode Island Whistleblowers' Protection Act

The primary state whistleblower law is the Rhode Island Whistleblowers' Protection Act (RIWPA), found at R.I. Gen. Laws Chapter 28-50. This statute prohibits employers from discharging, threatening, or discriminating against employees who engage in protected activity.

Who Is Protected

Under the RIWPA, the following individuals are protected from retaliation:

• Current employees
• Job applicants
• Prospective employees

The 2021 amendments to the Act significantly expanded its scope by adding applicants and prospective employees to the list of protected individuals. Before these changes, only current employees could bring claims under the statute.

Protected Activities

Under R.I. Gen. Laws 28-50-3, employers cannot retaliate against an employee for:

• Reporting a suspected violation of state or federal law, rule, or regulation to a public body
• Being asked by a public body to participate in an investigation, hearing, inquiry, or court action
• Refusing to participate in a violation of state or federal law, rule, or regulation
• Providing evidence related to a report of a violation

The statute protects reports about violations that have already occurred as well as violations that the employee believes are about to occur.

Expanded Definition of Retaliation

The 2021 amendments also broadened what counts as retaliation. In addition to traditional adverse actions like termination and demotion, the law now specifically prohibits employers from reporting or threatening to report an employee's immigration status to federal authorities (such as ICE) as a form of retaliation. Employers must also post notices about whistleblower rights in a prominent location and in all languages known to be spoken by employees in the workplace.

Remedies and Damages

Under R.I. Gen. Laws 28-50-4, a person who suffers retaliation in violation of the RIWPA may bring a civil action and seek:

• Injunctive relief (a court order to stop the retaliation)
• Treble damages (triple the amount of actual damages)
• Reinstatement to the former position
• Back wages and restoration of full fringe benefits and seniority rights
• Litigation costs, including reasonable attorney's fees

The availability of treble damages, added by the 2021 amendments, represents a significant increase in the financial consequences employers may face for retaliating against whistleblowers.

Statute of Limitations

A whistleblower retaliation claim under the RIWPA must be filed within three years of the retaliatory action.

Rhode Island False Claims Act

The Rhode Island State False Claims Act (R.I. Gen. Laws Chapter 9-1.1) is another important whistleblower protection statute. It allows private individuals to file "qui tam" lawsuits on behalf of the state against persons or entities that defraud the government.

What Conduct Is Covered

The False Claims Act targets anyone who:

• Knowingly presents or causes the presentation of a false or fraudulent claim for payment to the state
• Knowingly makes or uses a false record or statement that is material to a false claim
• Conspires to commit a violation of the Act
• Misappropriates state property through deception
• Avoids obligations to pay the state through fraudulent means

Whistleblower Awards

Individuals who file successful qui tam actions can receive significant financial awards:

• If the Rhode Island Attorney General intervenes in the case, the whistleblower may receive between 15% and 25% of the total recovery
• If the whistleblower prosecutes the case without government intervention, the award increases to between 25% and 30% of the recovery

Penalties for Violators

Entities found liable under the False Claims Act face:

• A civil penalty of at least $5,500 and no more than $11,000 per false claim
• Three times the amount of damages sustained by the state

Filing Deadlines

Qui tam complaints must generally be filed within six years of the violation. In certain circumstances, the filing deadline may be extended to up to ten years.

Additional Whistleblower Protections in Rhode Island

Beyond the RIWPA and the False Claims Act, several other Rhode Island statutes protect employees who report specific types of violations.

Hazardous Substances Protection

Under R.I. Gen. Laws 28-21-8, employers cannot discipline or discriminate against employees who exercise rights under the state's hazardous substances law. This includes the right to request information about substances used in the workplace and, in certain situations, the right to refuse to work if that information is not provided.

Employees who experience retaliation must file a claim within 180 days of the retaliatory action, or within 90 days of learning about it. Employers who violate this statute face fines of up to $5,000 per day that the violation persists. Willful and intentional violations constitute a misdemeanor, carrying a potential sentence of up to one year in prison.

Anti-Discrimination Protections

R.I. Gen. Laws 28-5-7(5) prohibits retaliation against individuals who oppose discriminatory employment practices, file charges, or participate in investigations or proceedings related to discrimination. Rhode Island law prohibits employment discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or national origin.

Complaints must be filed with the Rhode Island Commission for Human Rights (RICHR) within one year of the retaliatory action. Remedies include injunctive relief, hiring or reinstatement with back pay, interest on back pay, and attorney's fees. Willful discrimination may result in compensatory damages.

Occupational Health and Safety

Under R.I. Gen. Laws 28-20-21 and 23-1.1-14(a), employers cannot retaliate against employees who file complaints, participate in proceedings, or exercise rights related to workplace safety.

The deadline to file a complaint with the Rhode Island Department of Labor and Training, Division of Occupational Safety is 30 days from the retaliatory action. Remedies include rehiring or reinstatement with back pay and restoration of benefits.

Minimum Wage Protections

R.I. Gen. Laws 28-12-16 protects employees who file complaints about unpaid wages, institute proceedings, or testify in wage-related proceedings. Employers who violate this provision face fines ranging from $100 to $500.

Wage Discrimination Based on Sex

R.I. Gen. Laws 28-6-21 protects employees who file complaints, institute proceedings, or testify regarding sex-based wage discrimination. Employers who retaliate may face fines up to $200, imprisonment for up to six months, or both.

Long-Term Care Ombudsperson Act

Under R.I. Gen. Laws 42-66.7-8, long-term care facilities cannot retaliate against employees or officers who communicate with or provide information to the state's long-term care ombudsperson. Violations carry a fine of up to $1,000 per incident.

Federal Whistleblower Protections for Rhode Island Workers

Rhode Island employees also benefit from a range of federal whistleblower laws. Key federal statutes include:

• Sarbanes-Oxley Act (SOX): Protects employees of publicly traded companies who report securities fraud or violations of SEC rules.
• Dodd-Frank Wall Street Reform Act: Provides financial incentives and protections for individuals who report securities violations to the SEC.
• False Claims Act (Federal): Allows qui tam lawsuits against entities that defraud the federal government, with whistleblower awards of 15% to 30% of recovered funds.
• Occupational Safety and Health Act (OSHA): Protects employees who report unsafe working conditions to OSHA.
• Title VII of the Civil Rights Act: Prohibits retaliation against employees who report or oppose workplace discrimination.

These federal protections apply in addition to Rhode Island's state-level statutes, giving whistleblowers multiple avenues for seeking relief.

How to File a Whistleblower Complaint in Rhode Island

The process for filing a whistleblower complaint depends on the type of violation being reported.

Reporting to Public Bodies

Under the RIWPA, employees may report suspected violations of law to any public body, which includes government agencies, law enforcement, and legislative bodies. No specific form or procedure is required to make a report, but documenting the report in writing is strongly recommended.

Filing with the Department of Labor and Training

For workplace safety complaints, contact the Rhode Island Department of Labor and Training at (401) 462-8570. Complaints related to occupational health and safety must be filed within 30 days.

Filing with the Commission for Human Rights

For discrimination-related retaliation claims, file a complaint with the Rhode Island Commission for Human Rights (RICHR) at (401) 222-2661. The deadline is one year from the retaliatory action.

Filing a Civil Lawsuit

For claims under the RIWPA, employees may file a lawsuit directly in the appropriate Rhode Island court within three years of the retaliation. For qui tam actions under the False Claims Act, complaints are filed under seal in state court and served on the Attorney General, who then decides whether to intervene.

Practical Tips for Whistleblowers

• Document everything in writing, including dates, names, and descriptions of the reported violations and any retaliatory actions.
• Keep copies of all communications with employers and government agencies.
• Consult with an employment attorney who has experience with Rhode Island whistleblower cases before filing a claim.
• Be aware of the applicable statute of limitations, as deadlines vary depending on the statute.

More Rhode Island Laws

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• Rhode Island Lemon Laws
• Rhode Island Recording Laws
• Rhode Island Sexting Laws
• Rhode Island Child Support Laws
• Rhode Island Car Seat Laws
• Rhode Island Dog Bite Laws
• Rhode Island Statute of Limitations