West Virginia
West Virginia Whistleblower Laws: Protections and How to Report
West Virginia protects public employees from retaliation for reporting wrongdoing or waste under the West Virginia Whistle-Blower Law, W. Va. Code 6C-1-3. Public employees who report in good faith may recover reinstatement, back wages, and actual damages. Employers who retaliate face civil fines up to $5,000.
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
In 2024, the West Virginia Legislature relocated the Human Rights Act from Chapter 5, Article 11 to Chapter 16B, Article 17. Under W. Va. Code 16B-17-9(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
A nursing home that retaliates in violation of this provision risks suspension or revocation of its facility license, or other appropriate action by the state.
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.
More West Virginia Laws
Frequently Asked Questions
Does West Virginia's Whistle-Blower Law protect private sector employees?
The Whistle-Blower Law (W. Va. Code 6C-1) primarily protects public employees. Private sector workers must rely on the common law public policy exception, which protects employees who refuse illegal activities, file workers' compensation claims, or exercise other legally recognized rights.
Can I file a qui tam (False Claims Act) lawsuit in West Virginia?
West Virginia does not have a state False Claims Act with qui tam provisions. However, you can file a qui tam lawsuit under the federal False Claims Act if the fraud involves federal government funds. The federal law provides whistleblower awards of 15% to 30% of recovered funds.
How long do I have to file a whistleblower retaliation claim in West Virginia?
Most retaliation claims must be filed within two years of the adverse action. Discrimination complaints filed with the West Virginia Human Rights Commission have a 365-day deadline. Common law retaliatory discharge claims also have a two-year deadline.
What penalties do employers face for retaliating against whistleblowers in West Virginia?
Under the Whistle-Blower Law, employers face civil fines up to $5,000. If the court finds the violation was intended to discourage disclosure, it may be treated as official misconduct and malfeasance in office, potentially leading to removal from public office.
Are coal miners protected as whistleblowers in West Virginia?
Yes. W. Va. Code 22A-1-22 specifically protects miners and their authorized representatives from retaliation for reporting safety violations or dangers, initiating proceedings, or testifying in mining safety proceedings. Complaints are filed with the Office of Miners' Health, Safety and Training.
Updates
Governing law re-checked for recent changes
Re-pinned the Human Rights Act anti-retaliation discussion from the repealed W. Va. Code 5-11-9 to its 2024 recodified location at W. Va. Code 16B-17-9, and corrected the nursing-home retaliation penalty to match 9-6-12's actual license-suspension consequence instead of an unsupported $100 fine.
Governing law re-checked for recent changes
The Law Behind This Article
This article rests on 8 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
West Virginia Code
§ 18Willful interference; retaliation; penalties.In forcecited in 2 of our articles
(a) Any individual who willfully interferes with or impedes a state or regional long-term care ombudsman or ombudsman volunteer in the performance of his or her official duties shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $100 or imprisoned in the county jail for not more than ninety days, or both fined and imprisoned. (b) Any individual who institutes or commits a discriminatory, disciplinary, retaliatory or reprisal action against any officer or employee of a long-term care facility or government department or agency, against any resident of a long-term care facility or against any guardian, attorney in fact or against any family member of any resident of a long-term care facility for having filed a complaint with or provided information in good faith to a state or regional long-term ombudsman or ombudsman volunteer to aid the long-term care ombudsman or ombudsman volunteer in carrying out the duties pursuant to this article is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $100, or imprisoned in the county jail for not more than ninety days, or both fined and imprisoned.
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
§ 9Unlawful discriminatory practices.In force
It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, or except where based upon applicable security regulations established by the United States or the State of West Virginia or its agencies or political subdivisions: (1) For any employer to discriminate against an individual with respect to compensation, hire, tenure, terms, conditions, or privileges of employment if the individual is able and competent to perform the services required even if such individual is blind or disabled: Provided, That it shall not be an unlawful discriminatory practice for an employer to observe the provisions of any bona fide pension, retirement, group or employee insurance or welfare benefit plan or system not adopted as a subterfuge to evade the provisions of this subdivision: Provided further, That an employer may grant preference in hiring to a military spouse or to a veteran or disabled veteran in accordance with the provisions of §16B-17-9a of this code without violating the provisions of this article.
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
Cited in 3 court opinionsMost recently applied by a court: 2026
Leading cases: Dominique Spatafore v. City of Clarksburg (Court of Appeals for the Fourth Circuit 2026) · Hargrave v. Davis Memorial Hospital Corp. (District Court, N.D. West Virginia 2025) · O.W. v. Cabell County Board of Education (District Court, S.D. West Virginia 2024)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 7Offenses and penalties.In forcecited in 2 of our articles
(a) Any employer who wilfully discharges or in any manner wilfully discriminates against any employee because such employee has made complaint to his employer, or to the commissioner, that he has not been paid wages in accordance with the wage and hour provisions of this article, or because such employee has instituted or is about to institute any civil action, or file any petition or criminal complaint against the employer by reason of the provisions of this article, or because such employee has testified or is about to testify in any administrative proceeding, civil action, or criminal action under this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $500.
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
§ 22Discrimination.In forcecited in 2 of our articles
(a) No person shall discharge or in any other way discriminate against or cause to be discharged or discriminated against any miner or any authorized representative of miners by reason of the fact that the person believes or knows that such miner or representative: (1) Has notified the director, his or her authorized representative, or an operator, directly or indirectly, of any alleged violation or danger; (2) has filed, instituted or caused to be filed or instituted any proceeding under this law; (3) has testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this law. No miner or representative shall be discharged or in any other way discriminated against or caused to be discriminated against because a miner or representative has done subdivision (1), (2) or (3) above.
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
Cited in 1 court opinionsMost recently applied by a court: 2017
Leading cases: Crum v. International Coal Group, Inc. (District Court, S.D. West Virginia 2017)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1Discriminatory practices prohibited.In forcecited in 2 of our articles
No employer shall discriminate in any manner against any of his present or former employees because of such present or former employee's receipt of or attempt to receive benefits under this chapter.
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
Cited in 13 court opinionsMost recently applied by a court: 2025
Leading cases: Benjamin Reynolds v. American National Red Cross (Court of Appeals for the Fourth Circuit 2012, 701 F.3d 143) · Husk v. EI Du Pont De Nemours & Co. (District Court, S.D. West Virginia 1994, 842 F. Supp. 895) · Alexander v. Westinghouse Hittman Nuclear Inc. (District Court, N.D. Illinois 1985, 612 F. Supp. 1118)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 9Unlawful discriminatory practices.In forcecited in 2 of our articles
[Repealed.]
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
Cited in 73 court opinionsMost recently applied by a court: 2025
Leading cases: Thomas v. Shoney's Inc. (District Court, S.D. West Virginia 1994, 845 F. Supp. 388) · Larry v. Marion Cnty. Coal Co. (United States District Court 2018, 302 F. Supp. 3d 763) · Chandra Balderson v. Lincare Inc. (Court of Appeals for the Fourth Circuit 2023, 62 F.4th 156)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 3Discriminatory and retaliatory actions against whistle-blowers prohibited; promotion, increased compensation protected.In forcecited in 2 of our articles
(a) No employer may discharge, threaten, or otherwise discriminate or retaliate against an employee by changing the employee’s compensation, terms, conditions, location, or privileges of employment because the employee, acting on his or her own volition, or a person acting on behalf of or under the direction of the employee, makes a good faith report, or is about to report, verbally or in writing, to the employer or appropriate authority, an instance of wrongdoing or waste. (b) No employer may discharge, threaten, or otherwise discriminate or retaliate against an employee by changing the employee’s compensation, terms, conditions, location, or privileges of employment because the employee is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry held by an appropriate authority or in a court action. (c) No employer may deny a whistle-blower covered by the civil service system, because of his or her status or actions as a whistle-blower, a promotion or other increase in compensation that the whistle-blower otherwise would have received.
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
Cited in 5 court opinionsMost recently applied by a court: 2024
Leading cases: Kroll v. Sheppard (District Court, N.D. West Virginia 2024) · Mullins v. Johnson (District Court, N.D. West Virginia 2024) · McCoy v. Kanawha County Board of Education (District Court, S.D. West Virginia 2024)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 12Reporting person's immunity from liability.In forcecited in 2 of our articles
(a) Any person who in good faith makes or causes to be made any report permitted or required by this article shall be immune from any civil or criminal liability which might otherwise arise solely out of making such report. (b) No nursing home may discharge or in any manner discriminate against any resident, family member, legal representative or employee for the reason that he or she filed a complaint or participated in any matter or proceeding stemming from the provisions of this article. (c) Violation of the prohibition contained in subsection (b) of this section by a nursing home or other residential facility constitutes grounds for the suspension or revocation of the license of the facility, if it operates under license pursuant to this code, or other appropriate measure.
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
Cited in 1 court opinionsMost recently applied by a court: 2021
Leading cases: Hoback v. Cox (District Court, S.D. West Virginia 2021)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- W. Va. Code 6C-1-3 - Whistle-Blower Law protections(code.wvlegislature.gov).gov
- W. Va. Code 16B-17-9 - Human Rights Act discrimination protections (recodified from 5-11-9 in 2024)(code.wvlegislature.gov).gov
- W. Va. Code 22A-1-22 - Miners' Health, Safety, and Training(wvlegislature.gov).gov
- W. Va. Code 9-6-12 - Nursing Home employee protections(wvlegislature.gov).gov
- W. Va. Code 16-5L-18 - Long-Term Care Ombudsman protections(wvlegislature.gov).gov
- W. Va. Code 21-5C-7 - Wage and Hour violation protections(wvlegislature.gov).gov
- W. Va. Code 23-5A-1 - Workers' Compensation retaliation protections(wvlegislature.gov).gov
- West Virginia Human Rights Commission(hrc.wv.gov).gov