Washington Whistleblower Laws: Protections and How to Report
Overview of Washington Whistleblower Laws
Washington is an employment-at-will state, meaning employers can generally terminate employees for any reason or no reason. However, Washington provides some of the most comprehensive whistleblower protections in the country through both common law and a wide range of statutes.
The State Employee Whistleblower Protection Act (RCW 42.40), originally enacted in 1982 and amended multiple times since, covers state employees who report improper governmental actions. Additional statutes protect workers in the private sector across many specific contexts. Washington also recognizes a strong common law public policy exception that provides a foundation of protection for all employees.
Federal whistleblower protections also apply to Washington workers. For a complete overview, see our guide to Federal Whistleblower Laws.
Common Law Protections
Washington courts recognize a broad 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 look to statutes, constitutional provisions, and judicial precedent to identify applicable public policies.
Washington's common law protection covers employees who:
- Refuse to participate in illegal activities
- Exercise a legal right or privilege
- Report misconduct by the employer
- Perform a public duty (such as jury service)
To succeed on a common law claim, an employee must establish:
- A clear public policy was violated by the termination
- Discouraging the employee's conduct would harm the public interest
- The employee was terminated because of conduct related to the public policy
The general statute of limitations for common law claims is three years.
State Employee Whistleblower Protection Act
The State Employee Whistleblower Protection Act, codified at RCW Chapter 42.40, provides the primary framework for state employee whistleblower complaints.
Who Is Protected
The Act covers all state employees who report improper governmental actions. State law preserves the confidentiality of people who file whistleblower complaints and of people who provide information during investigations.
What Constitutes Improper Governmental Action
Under the Act, "improper governmental action" includes any action by an employee undertaken in the performance of official duties that:
- Violates state law
- Constitutes an abuse of authority
- Wastes public funds
- Creates a substantial and specific danger to public health or safety
How to Report
State employees who wish to report improper governmental action must submit a written notification to the State Auditor. The report should include a description of the improper action, the name of the employee(s) involved, the agency, and relevant details including the date and location of the activity. Reports must be filed within one year of the occurrence of the action.
Prohibitions on Interference and Retaliation
Under RCW 42.40.030, no employee with official authority may directly or indirectly use or attempt to use that authority to intimidate, threaten, coerce, command, or influence any individual for the purpose of interfering with their right to disclose information to the State Auditor or another public official.
Disclosure of information that is prohibited by law is not authorized under the Act, unless that information is needed to substantiate a whistleblower complaint.
Retaliation Claims
If a whistleblower believes they have experienced retaliation, they may file a claim with the Washington Human Rights Commission (HRC). The Commission investigates the claim and takes appropriate action.
Penalties for Retaliation
Retaliators may face:
- A civil penalty of up to $5,000
- Suspension for up to 30 days without pay
- A letter of reprimand placed in their personnel file
Aggrieved employees may recover reinstatement with back pay and benefits, restoration of compensation increases that would have occurred, damages for humiliation and mental suffering (up to $20,000), and other appropriate relief.
Washington Medicaid Fraud False Claims Act
The Washington Medicaid Fraud False Claims Act, codified at RCW Chapter 74.66, allows whistleblowers to file qui tam lawsuits against individuals or entities that commit Medicaid fraud.
What Conduct Is Covered
The Act targets anyone who knowingly presents or causes the presentation of false claims to the state's Medicaid program, makes false statements material to false claims, or conspires to defraud the Medicaid system.
Qui Tam Provisions and Whistleblower Awards
Private individuals may bring civil actions on behalf of the state. Awards depend on the Attorney General's involvement:
- If the Attorney General proceeds with the case: The whistleblower receives 15% to 25% of the recovered proceeds, depending on the extent of the whistleblower's contribution to the prosecution.
- If the Attorney General does not proceed: The whistleblower receives 25% to 30% of the recovered proceeds.
- In cases based primarily on publicly available information rather than the whistleblower's own discoveries, the award may be reduced to no more than 10%.
Whistleblowers also receive reasonable expenses, attorney's fees, and costs, which are awarded against the defendant.
Award Reductions
If the court determines that the whistleblower planned and initiated the violation, the award may be reduced. If the whistleblower is convicted of criminal conduct related to the fraud, they are dismissed from the civil action and receive nothing.
Anti-Retaliation Protections
Under RCW 74.66.090, employers cannot retaliate against employees, contractors, or agents who report Medicaid fraud violations or assist in related legal actions. Employees who experience retaliation may recover reinstatement, two times the amount of back pay, interest, special damages, litigation costs, and reasonable attorney's fees. Claims must be filed within three years.
Additional Whistleblower Protections
Washington has numerous additional statutes that protect employees in specific contexts.
Unfair Practices (Anti-Discrimination)
Under RCW 49.60.210, it is illegal to retaliate against employees who oppose discriminatory practices, file discrimination charges, or participate in discrimination proceedings. The statute also protects individuals who assist with Office of Fraud and Accountability investigations, unless the person has provided false information.
Complaints must be filed with the Washington Human Rights Commission within six months. Remedies include reinstatement with back pay, damages for humiliation and mental suffering up to $20,000, and other appropriate relief.
Hospital Patient Abuse Reporting
Under RCW 70.124.060, employers cannot retaliate against state employees who report the abuse or neglect of hospital patients to law enforcement or the department.
Abuse of Vulnerable Adults
Under RCW 74.34.180, employers cannot retaliate against employees or contractors who report the abandonment, abuse, financial exploitation, or neglect of vulnerable adults receiving care in facilities or home settings.
Domestic Violence Leave
Under RCW 49.76.030, employers cannot retaliate against employees who take leave (with or without pay) related to domestic violence situations, including seeking legal assistance, treatment for injuries, or services from domestic violence programs. Violations may result in fines up to $500 for a first infraction and $1,000 for subsequent infractions within three years.
Hazardous Substances
Under RCW 49.70.110, employers cannot retaliate against employees who exercise rights under the state's hazardous substances disclosure law, including the right to request workplace surveys and material safety data sheets. Complaints must be filed with the Department of Labor and Industries within 30 days.
Minimum Wage
Under RCW 49.46.100, employers cannot retaliate against employees who file wage complaints, participate in wage proceedings, or testify about wage violations. Violations may constitute a gross misdemeanor.
Farm Labor Contractors
Under RCW 19.30.190, farm labor contractors and agricultural employers cannot retaliate against employees who make compensation claims, participate in proceedings, or discuss their rights. Violations are misdemeanors punishable by fines up to $1,000, imprisonment up to six months, or both. Civil penalties up to $1,000 per violation also apply.
Nursing Homes
Under RCW 18.51.220, nursing home licensees cannot retaliate against patients or employees who initiate or participate in regulatory proceedings. Civil penalties up to $3,000 may apply.
Washington Industrial Safety and Health Act (WISHA)
Under RCW 49.17.160, employers cannot retaliate against employees who file safety complaints, participate in proceedings, or exercise rights under the workplace safety law. Complaints must be filed with the Director of Labor and Industries within 30 days. Remedies include reinstatement with back pay and other appropriate relief.
Workers' Compensation
Under RCW 51.48.025, employers cannot retaliate against employees who file workers' compensation claims or exercise rights under the statute. Complaints must be filed with the Department of Labor and Industries within 90 days. Remedies include reinstatement with back pay and injunctive relief.
How to File a Whistleblower Complaint in Washington
State Employees
Report improper governmental actions in writing to the Washington State Auditor. Reports must be filed within one year of the action. If you experience retaliation, file a claim with the Washington Human Rights Commission at 1-800-233-3247.
Discrimination Complaints
File with the Washington Human Rights Commission within six months of the retaliatory action. Call 1-800-233-3247.
Workplace Safety and Hazardous Substances
File with the Washington State Department of Labor and Industries within 30 days. Call 360-902-6088 or 1-800-423-7233.
Workers' Compensation Retaliation
File with the Department of Labor and Industries within 90 days. If the department determines that retaliation did not occur, you may file a lawsuit in court.
Practical Tips for Washington Whistleblowers
- Submit reports to the State Auditor in writing with detailed information about the improper action.
- Be aware of the 30-day deadline for workplace safety and hazardous substances complaints.
- Document all communications and keep copies of reports.
- Washington provides confidentiality protections for whistleblower complaints.
- Consult an employment attorney to determine which protections apply to your specific situation.
More Washington Laws
Sources and References
- RCW Chapter 42.40 - State Employee Whistleblower Protection(leg.wa.gov).gov
- RCW 42.40.030 - Interference prohibited(leg.wa.gov).gov
- RCW Chapter 74.66 - Medicaid Fraud False Claims Act(leg.wa.gov).gov
- RCW 74.66.090 - Retaliation protections(leg.wa.gov).gov
- RCW 49.60.210 - Unfair practices and anti-discrimination protections(leg.wa.gov).gov
- RCW 49.17.160 - Washington Industrial Safety and Health Act(leg.wa.gov).gov
- RCW 51.48.025 - Workers' Compensation retaliation protections(leg.wa.gov).gov
- RCW 49.60.250 - Remedies and penalties(leg.wa.gov).gov
- Washington State Auditor's Office(sao.wa.gov).gov
- RCW 74.34.180 - Vulnerable adults protection(leg.wa.gov).gov