West Virginia Whistleblower Laws: Protections and How to Report

Overview of West Virginia Whistleblower Laws

West Virginia is an employment-at-will state, meaning employers can generally terminate employees for any reason or no reason. However, both statutory and common law protections create important exceptions for whistleblowers who report illegal activity, waste, or safety concerns.

The primary whistleblower statute is the West Virginia Whistle-Blower Law (W. Va. Code Chapter 6C, Article 1), which covers public employees. Additional statutes protect workers in specific industries including mining, healthcare, and wage enforcement. West Virginia also recognizes a relatively broad common law public policy exception that provides protection for private sector employees.

West Virginia does not have a state-level False Claims Act with qui tam provisions. Federal whistleblower protections apply to all West Virginia workers. For a complete overview, see our guide to Federal Whistleblower Laws.

Common Law Protections

West Virginia courts recognize a public policy exception to the employment-at-will doctrine. Under this exception, employers cannot discharge employees for reasons that violate clearly established public policy. Courts look to constitutional provisions, statutes, and prior judicial opinions to determine whether a public policy applies.

West Virginia's common law protections cover employees who:

• Act in self-defense in the workplace
• File workers' compensation claims
• File lawsuits against their employer
• Refuse to participate in unlawful activities
• Refuse to write false workplace safety reports

This common law protection is particularly important in West Virginia because the state's primary whistleblower statute (W. Va. Code 6C-1) applies mainly to public employees. Private sector workers who face retaliation for reporting wrongdoing often rely on the common law public policy exception.

The statute of limitations for common law retaliatory discharge claims is generally two years.

West Virginia Whistle-Blower Law (Public Employees)

The West Virginia Whistle-Blower Law, codified at W. Va. Code Chapter 6C, Article 1, is the state's primary whistleblower protection statute.

Who Is Protected

The law covers public employees who work for state or local government entities. It protects employees who report wrongdoing or waste in good faith.

Protected Activities

Under W. Va. Code 6C-1-3(a), employers cannot discharge, threaten, alter terms of employment, or discriminate against a public employee for:

• Reporting in good faith, or intending to report, wrongdoing or waste to the employer or an appropriate authority
• Receiving a request or being subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry, or in a court action

Good Faith Requirement

Reports must be made in good faith, with a reasonable belief that the information is accurate. False, reckless, or malicious disclosures are not protected under the statute. This means employees should take care to verify the accuracy of their reports before filing.

Remedies

Public employees who prevail under the Whistle-Blower Law may recover:

• Reinstatement to their former position
• Payment of back wages
• Full reinstatement of fringe benefits and seniority rights
• Actual damages

Penalties for Employers

Employers who violate the Whistle-Blower Law face significant consequences:

• A civil fine of up to $5,000
• If the court finds that the employer committed the violation with the purpose of discouraging disclosure, the finding may be treated as official misconduct and malfeasance in office
• The finding may be used as evidence in proceedings to remove the violator from public office
• Public bodies may use the finding as a basis to discipline the violator

Statute of Limitations

Retaliation lawsuits under the Whistle-Blower Law must be filed within two years of the retaliatory action.

No State False Claims Act

Unlike many states, West Virginia does not have a comprehensive state False Claims Act with qui tam provisions. This means private citizens cannot file state-level lawsuits on behalf of West Virginia to recover funds obtained through fraud, and there are no state whistleblower award programs.

However, employees who discover fraud against the federal government (including federal funds administered in West Virginia) can still file qui tam lawsuits under the federal False Claims Act. The federal law provides whistleblower awards of 15% to 30% of recovered funds and includes anti-retaliation protections.

Additional Whistleblower Protections

West Virginia has several other statutes that protect employees in specific contexts.

Anti-Discrimination Protections

Under W. Va. Code 5-11-9(7)(C), it is unlawful to discriminate against individuals in retaliation for:

• Opposing practices that are forbidden under the West Virginia Human Rights Act
• Filing a complaint under the statute
• Testifying or assisting in a proceeding

The Human Rights Act prohibits employment discrimination based on race, religion, color, national origin, ancestry, sex, age, blindness, and disability.

Complaints must be filed with the West Virginia Human Rights Commission (WVHRC) within 365 days of the retaliatory action. This is notably longer than many states' filing deadlines. Remedies include a cease and desist order, hiring or reinstatement with back pay, restoration to labor organization membership, and other appropriate relief.

Miners' Health, Safety, and Training

Under W. Va. Code 22A-1-22(a), no person may retaliate against a miner or a miner's authorized representative for:

• Notifying a representative, the Director, or an operator of a safety violation or danger
• Initiating proceedings under the mining safety statute
• Testifying or intending to testify in mining safety proceedings

Complaints should be filed with the Office of Miners' Health, Safety and Training at (304) 558-1425. This protection is especially significant in West Virginia given the state's mining industry.

Nursing Home Employees

Under W. Va. Code 9-6-12(b), nursing homes cannot retaliate against employees who:

• File complaints about the abuse, neglect, or financial exploitation of vulnerable adults or facility residents
• Participate in proceedings about such abuse, neglect, or exploitation

Persons who fail to report or who prevent others from reporting may be found guilty of a misdemeanor, punishable by a fine up to $100, imprisonment up to 10 days, or both.

Long-Term Care Ombudsman

Under W. Va. Code 16-5L-18(b), no person may retaliate against an employee of a long-term care facility or government agency for filing a complaint or providing information in good faith to a state or regional long-term care ombudsman.

Violators may be found guilty of a misdemeanor, punishable by a fine up to $100 or imprisonment up to 90 days for a first offense. For second and subsequent offenses, the penalties increase to a fine up to $250 or imprisonment up to 90 days. Each day of continuing violation counts as a separate offense.

Wage and Hour Violations

Under W. Va. Code 21-5C-7(a), employers cannot retaliate against employees who:

• File complaints about unpaid wages with the commissioner or employer
• Institute or intend to institute a civil action related to wage violations
• File a petition or criminal complaint against the employer
• Testify or intend to testify in wage-related proceedings

Violators may be found guilty of a misdemeanor with fines ranging from $100 to $500.

Workers' Compensation

Under W. Va. Code 23-5A-1, employers cannot discriminate against current or former employees for receiving workers' compensation benefits or attempting to file workers' compensation claims.

How to File a Whistleblower Complaint in West Virginia

Public Employees

Public employees should report wrongdoing or waste to their employer or an appropriate authority. Reports should be made in good faith and documented in writing. If retaliation occurs, file a lawsuit within two years of the adverse action.

Discrimination Complaints

File a complaint with the West Virginia Human Rights Commission within 365 days of the retaliatory action. Complaint forms are available on the WVHRC website.

Mining Safety

For mining safety retaliation, file a complaint with the Office of Miners' Health, Safety and Training at (304) 558-1425.

Federal False Claims

Since West Virginia does not have a state qui tam law, whistleblowers who discover fraud against the government should consider filing under the federal False Claims Act. These complaints are filed under seal in federal court.

Practical Tips for West Virginia Whistleblowers

• Make reports in good faith and verify the accuracy of your information before reporting.
• Document everything in writing, including the wrongdoing you observed and any retaliatory actions.
• Be aware of the two-year statute of limitations for public employee retaliation claims.
• Private sector employees should review whether the common law public policy exception covers their situation.
• Consult an employment attorney experienced in West Virginia whistleblower law.
• Even without a state qui tam law, federal protections may apply if the fraud involves federal funds.