A Summary of Wyoming Whistleblower Laws
Wyoming is an employment-at-will state. This means employees can be discharged from work for any reason or no reason. However, there are a few exceptions to this doctrine that are used to protect employees from wrongful retaliation. These exceptions include common law protections and statutory protections. Statutory protections are laws that are enacted by the state’s legislature to address specific subject areas, e.g., workers’ compensation, whereas common law protections are laws that are created by courts to address subject areas that are not covered by enacted laws.
This is a summary of Wyoming Whistleblower Laws, make sure to check out the Federal Whistleblower Laws as well.
Whistleblower Rights in Wyoming
Common Law Protections
Wyoming has a public policy that is applied as an exception to the employment-at-will doctrine. However, the state’s public policy is very limited, and employees are only protected when the employer’s reason for the discharge violates a well-established public policy. Wyoming courts have only protected employees who filed a worker’s compensation claim. However, to be protected, the employee has to prove that he or she suffered a work injury and was discharged for either instituting a proceeding under the workers’ compensation act or for seeking treatment.
Statutory Protections
Occupational Health and Safety
Employers are not allowed to discharge or in any way discriminate against an employee in retaliation for:
- Filing a complaint under this statute.
- Instituting or causing the institution of a proceeding under this statute.
- Testifying or intending to testify in a proceeding under this statute.
- Exercising a right on behalf of himself, herself, or others.
Wyo. Stat. § 27-11-109(e).
Health Care Facility Employees
No Health care facility is allowed to harass, threaten, discipline, or in any way discriminate against an employee in retaliation for reporting to the division a violation of any state or federal rule or regulation. Wyo. Stat. § 35-2-910(b).
Long-Term Care
No person is allowed to discriminate against a resident, relative or guardian of a resident, employee of a long term care service provider, or any other person in retaliation for:
- Making a complaint under this statute.
- Providing information to the ombudsman in good faith.
Wyo. Stat. § 9-2-1308.
Wage Discrimination
Employers are not allowed to discharge or in any way discriminate against an employee in retaliation for:
- Filing a complaint to the employer, director, or any other person.
- Instituting or causing the institution of a proceeding under this statute.
- Testifying or intending to testify in a proceeding under this statute.
Wyo. Stat. § 27-4-304.
Whistleblower Retaliation Claims in Wyoming
Unless stated otherwise by a statute, retaliation lawsuits should be filed within 4 years of the retaliatory action.
Occupational Health and Safety
Complaints under this statute should be filed with the Wyoming Department of Employment, Occupational Health, and Safety Division within 30 days of the retaliatory action.
Whistleblower Hotlines in Wyoming
To file a complaint with the Wyoming Department of Employment, Occupational Health and Safety Division, call (307) 777-7786.
Whistleblower Retaliation and Violation Penalties in Wyoming
Employers who carry out unlawful retaliation against an employee may be liable to the aggrieved employee for a combination or any of the following remedies:
- Reinstatement.
- Damages.
- Litigation costs, including reasonable attorney’s fees.
Wage Discrimination
Employers who violate this statute may be punished by a fine ranging from $25 to $200 or by imprisonment for 10 to 180 days, or both.
Occupational Health and Safety
Employers who willfully violate this statute may be liable for a civil penalty ranging from $5000 to $70,000 for each violation. If a violation is determined to be of a serious nature, the violator may be liable for a civil penalty not exceeding $7000. Violations that are not of a serious nature may result in a civil penalty not exceeding $7000 per offense.
More Wyoming Laws