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, employers cannot discharge, threaten, alter terms of employment, or discriminate against a public employee for:

• Reporting in good faith, or being about to report, wrongdoing or waste to the employer or an appropriate authority (subsection (a))
• Being 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 (subsection (b))

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

Under W. Va. Code 6C-1-4(a), a civil action under the Whistle-Blower Law must be brought within two years after the occurrence of the alleged violation. This two-year window does not carry over to the mining discrimination appeal described below, which runs thirty days.

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 discharge or in any other way discriminate against a miner or a miner's authorized representative because that miner or representative:

• Notified the Director, an authorized representative, or an operator of an alleged violation or danger
• Filed or instituted a proceeding under the mining safety law
• Testified or is about to testify in a proceeding under that law

The deadline for a miner is short, and it is not the two-year window that applies to most other West Virginia retaliation claims. Subsection (b) gives a miner or a representative of miners who believes he or she was discharged or discriminated against, or a miner who has not been compensated for lost time due to a withdrawal order, thirty days after the violation occurs to apply to the appeals board for a review. That board is the three-member Board of Appeals continued under W. Va. Code 22A-5-1, whose duties include hearing appeals from discharge or discrimination. If you are a miner who was discharged or discriminated against, get a free case evaluation from a West Virginia employment lawyer on the Board of Appeals application within those thirty days (attorney advertising).

The board investigates, provides an opportunity for a public hearing at any party's request, and if it finds a violation must issue a decision within forty-five days ordering relief that can include rehiring or reinstatement with back pay and compensation for idle time. If a discharge proceeding is not completed within forty-five days because of delay caused by the operator, the miner is automatically reinstated until the final determination. Under subsection (c), a successful applicant may request that costs, expenses, and attorney's fees be assessed against the person who committed the violation.

Safety violations and dangers themselves are reported to the Office of Miners' Health, Safety and Training at (304) 558-1425, but contacting that office is not the same step as the thirty-day application to the appeals board and does not preserve that deadline. This protection is especially significant in West Virginia given the state's mining industry.

Nursing Home Residents, Families, and Employees

Under W. Va. Code 9-6-12(b), no nursing home may discharge or in any manner discriminate against any resident, family member, legal representative, or employee because that person filed a complaint or participated in any matter or proceeding stemming from the provisions of Chapter 9, Article 6.

Two points are easy to get wrong here. The protection is not limited to staff: residents, their family members, and their legal representatives are covered in the same sentence. And the trigger is any complaint or proceeding stemming from that article, not only a complaint about abuse, neglect, or financial 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

Report safety violations and dangers to the Office of Miners' Health, Safety and Training at (304) 558-1425. If you were discharged or discriminated against, that call is not enough: under W. Va. Code 22A-1-22(b) you must apply to the appeals board for a review within thirty days after the violation occurs, and that deadline is far shorter than the two years that applies to most other retaliation claims.

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.
• Check which deadline applies to your claim: two years for public employee Whistle-Blower Law and common law retaliation suits, 365 days for Human Rights Commission complaints, and only thirty days for a miner's appeal to the appeals board under W. Va. Code 22A-1-22(b).
• 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

• West Virginia At-Will Employment Laws
• West Virginia Employee Monitoring Laws
• West Virginia Final Paycheck Laws
• West Virginia Workers Compensation 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?

It depends on the claim. A civil action under the Whistle-Blower Law must be brought within two years after the alleged violation under W. Va. Code 6C-1-4(a), and common law retaliatory discharge claims also run two years. Discrimination complaints filed with the West Virginia Human Rights Commission have a 365-day deadline. A miner who was discharged or discriminated against has only thirty days after the violation occurs to apply to the appeals board for a review under W. Va. Code 22A-1-22(b).

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(a) protects miners and their authorized representatives from discharge or discrimination for notifying the Director or an operator of an alleged violation or danger, filing or instituting a proceeding, or testifying in a proceeding under the mining safety law. The deadline is short: subsection (b) requires the miner or representative to apply to the appeals board for a review within thirty days after the violation occurs, not the two years that applies to most other West Virginia retaliation claims. Safety hazards themselves are reported to the Office of Miners' Health, Safety and Training.