Virginia Whistleblower Laws: Protections and How to Report

Overview of Virginia Whistleblower Laws

Virginia is an employment-at-will state, meaning employers can generally terminate employees for any reason or no reason. However, Virginia has developed a substantial network of whistleblower protections through both common law and multiple statutes.

A major turning point came on July 1, 2020, when Virginia enacted a broad new Whistleblower Protection Law (Va. Code 40.1-27.3) that extended protections to private sector employees for the first time. Before this law, private sector workers had limited options for whistleblower retaliation claims. Combined with the Fraud and Abuse Whistleblower Protection Act for government employees and the Virginia Fraud Against Taxpayers Act for qui tam lawsuits, Virginia now offers comprehensive protections.

Federal whistleblower protections also apply to all Virginia workers. For a complete overview, see our guide to Federal Whistleblower Laws.

Common Law Protections

Virginia recognizes a public policy exception to the employment-at-will doctrine. Under this exception, employers cannot terminate employees for reasons that violate clearly established public policy. Courts rely on statutes, constitutional provisions, and prior judicial opinions to identify applicable public policies.

Virginia's common law protections generally cover employees who:

• Exercise a legal right or privilege recognized by statute or public policy
• Refuse to participate in criminal activities

While common law claims remain available, the 2020 Whistleblower Protection Law has largely expanded and codified these protections into statutory form.

Virginia Whistleblower Protection Law (Private and Public Sector)

The Virginia Whistleblower Protection Law, codified at Va. Code 40.1-27.3, took effect on July 1, 2020, and provides broad protections for both private and public sector employees.

Who Is Protected

The law covers full-time and part-time employees in both the public and private sectors. This was a significant expansion from prior Virginia law, which offered limited protections for private sector workers.

Protected Activities

Employers cannot discharge, discipline, threaten, discriminate against, penalize, or take other retaliatory action against an employee for:

• Reporting in good faith a violation of federal or state law or regulation to a supervisor, governmental body, or law enforcement official
• Being asked by a governmental body or law enforcement official to participate in an investigation, hearing, or inquiry
• Refusing to participate in criminal activities that may subject the employee to criminal liability
• Refusing to carry out a directive by the employer that would violate federal or state law or regulation (the employee must inform the employer of the reason for the refusal)
• Providing information to or testifying before a governmental body or law enforcement official conducting an investigation into the employer's violations of federal or state law or regulation

Important Limitations

The statute does not authorize the disclosure of false information, information protected by a law or legal privilege, or disclosures that may violate federal or state law. Good faith is a requirement for protection.

Remedies

Employees who prevail under this law may recover:

• Injunctive relief to stop the retaliatory action
• Reinstatement to the former position or an equivalent position
• Lost wages, benefits, and other remuneration, together with interest
• Litigation costs, including reasonable attorney's fees

Statute of Limitations

Lawsuits under the Whistleblower Protection Law must be filed within one year of the retaliatory action.

Fraud and Abuse Whistleblower Protection Act

The Fraud and Abuse Whistleblower Protection Act, codified at Va. Code 2.2-3010 through 2.2-3014, provides additional protections specifically for state employees and citizen whistleblowers.

State Employee Protections

Under Va. Code 2.2-3011, employers cannot discharge, threaten, or discriminate against a whistleblower or a representative of a whistleblower. Protection also extends to employees who receive a request or subpoena from an appropriate authority to participate in an investigation, hearing, inquiry, or court action.

Citizen Whistleblower Protections

Under Va. Code 2.2-3010.1, no governmental agency may threaten, discriminate against, or retaliate against a citizen whistleblower for receiving a request or subpoena to participate in an investigation, hearing, inquiry, or court action.

Remedies

Employers who violate the Fraud and Abuse Whistleblower Protection Act face civil penalties ranging from $500 to $2,500. Aggrieved employees may also recover:

• Reinstatement to the former position or equivalent position
• Back pay
• Full reinstatement of fringe benefits and seniority rights
• Litigation costs, including reasonable attorney's fees

Virginia Fraud Against Taxpayers Act

The Virginia Fraud Against Taxpayers Act allows whistleblowers to file qui tam lawsuits on behalf of the Commonwealth against individuals or entities that defraud the state using taxpayer funds.

What Conduct Is Covered

The Act targets anyone who:

• Knowingly presents false or fraudulent claims for payment with state funds
• Misappropriates state property
• Deceptively avoids binding obligations to pay the state
• Conspires to commit any of these violations

Qui Tam Provisions and Whistleblower Awards

Private individuals may bring civil actions on behalf of the Commonwealth. If the action succeeds:

• If the Virginia Attorney General intervenes, the whistleblower receives 15% to 25% of the recovered amount
• If the whistleblower prosecutes the case without government intervention, the award increases to 25% to 30%

Penalties

Violators may be ordered to pay:

• Up to three times the actual harm to the state
• Civil fines for each violation

Anti-Retaliation Protections

The Act prohibits employers from discharging, threatening, or retaliating against whistleblowers who file qui tam actions. Successful retaliation claimants may receive reinstatement with full seniority status, compensation for special damages, litigation costs, and reasonable attorney's fees.

Filing Deadlines

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

Additional Whistleblower Protections

Virginia has several other statutes that protect employees who report specific types of wrongdoing.

Occupational Safety and Health

Under Va. Code 40.1-51.2:1, employers cannot retaliate against employees who file safety or health complaints, testify in safety proceedings, or exercise rights under workplace safety law. Complaints must be filed with the Virginia Department of Labor and Industry (DLI), Virginia Occupational Safety and Health (VOSH) within 60 days. Remedies include injunctive relief, reinstatement with back pay and interest, and other appropriate relief.

Workers' Compensation

Under Va. Code 65.2-308, employers cannot discharge employees for filing or intending to file a workers' compensation claim, or for testifying or intending to testify in a workers' compensation proceeding. Claims must be filed within two years. Remedies include injunctive relief, reinstatement with back pay and interest, actual damages, attorney's fees, and other appropriate relief.

Asbestos, Lead, and Home Inspection Contractors

Under Va. Code 54.1-515, employers cannot retaliate against employees who file complaints or cooperate with government agencies enforcing laws related to asbestos, lead, or home inspection contractors. Violations may result in criminal penalties: a Class 1 misdemeanor for the first two violations and a Class 6 felony for a third or subsequent violation within three years. Civil penalties up to $1,000 for initial violations and $5,000 for subsequent violations also apply.

Nursing and Assisted Living Facilities

Under Va. Code 63.2-1730 and 63.2-1731, assisted living facilities, adult day care centers, and child welfare agencies cannot retaliate against individuals who assert rights under federal or state law, assist others in asserting such rights, cooperate with government agencies, or report the abuse or neglect of a child or adult in good faith.

How to File a Whistleblower Complaint in Virginia

Filing a Lawsuit Under the Whistleblower Protection Law

Employees who experience retaliation may file a lawsuit in the appropriate Virginia court within one year of the retaliatory action. No administrative filing is required before pursuing a lawsuit.

Filing with the Department of Labor and Industry

For workplace safety retaliation, contact the Virginia Department of Labor and Industry at (804) 371-2327. Complaints must be filed within 60 days of the retaliatory action.

Filing a Qui Tam Action

For fraud claims under the Virginia Fraud Against Taxpayers Act, complaints are filed under seal in state court and served on the Virginia Attorney General, who determines whether to intervene.

Practical Tips for Virginia Whistleblowers

• Be aware that the general whistleblower law has a one-year statute of limitations, while workplace safety complaints have an even shorter 60-day deadline.
• Reports must be made in good faith to qualify for protection.
• If refusing an employer directive, inform the employer of your reason for the refusal to preserve your protection.
• Document all reports and communications in writing.
• Consult an employment attorney experienced in Virginia whistleblower law to determine which statutes apply to your situation.