Virginia Whistleblower Protections
Government Employees
Other Whistleblower Laws
- Virginia Fraud Against Tax Payers Act
- Discrimination Against Employees Who Exercise Their Safety and Health Rights
- Protections for Employees Who Make Reports Regarding Patient Safety
- Protections for Hospital Staff
- Protections for Employees of Nursing Facilities
- Protections for Employees Who Report Pollution and Environmental Hazards
- Protections for Employees of Assisted Living Facilities, Adult Day Cares, or Child Welfare Agencies
- Protection For Those Who Report Child or Adult Abuse
- Protections for Those Who Seek Workers’ Compensation Or Participate In Workers’ Compensation Proceedings
- Public-Policy Exception Case Law
Statutes specifically protecting government whistleblowers
Virginia State Grievance Procedure, Va. Code § 2.2-3000 et seq.
The Virginia State Grievance Procedure protects government employees’ free speech and prohibits retaliation for reporting fraud, abuse, gross mismanagement, or for exercising rights protected by law. Employees who have suffered retaliation can initiate a grievance procedure and seek a hearing.
Parties Protected By Statute
Va. Code § 2.2-3001:
- Unless exempted by law, all nonprobationary state employees shall be covered by the grievance procedure established pursuant to this chapter and any regulations adopted pursuant thereto. Employees not covered by the grievance procedure may be covered by an alternative grievance procedure.
- The Office of the Attorney General and every legislative, judicial, and independent agency that is not subject to the state grievance procedure shall establish and administer a grievance procedure.
Va. Code § 2.2-3002:
The provisions of this chapter shall not apply to:
- Appointees of elected groups or individuals except as provided in subsection B of § 2.2-3001;
- Agency heads or chief executive officers of government agencies and public institutions of higher education appointed by boards and commissions;
- Law-enforcement officers as defined in § 9.1-500 whose grievances are subject to Chapter 5 (§ 9.1-500 et seq.) and who have elected to resolve such grievances under those provisions; and
- Employees in positions designated in § 2.2-2905 as exempt from the Virginia Personnel Act (§ 2.2-2900 et seq.).
Protected Actions Under Statute
Va. Code § 2.2-3004:A
Employers may not retaliate because of an employee’s “participation in the grievance procedure or because the employee has complied with any law of the United States or of the Commonwealth, has reported any violation of such law to a governmental authority, has sought any change in law before the Congress of the United States or the General Assembly, or has reported an incidence of fraud, abuse, or gross mismanagement; and (vi) retaliation for exercising any right otherwise protected by law.”
Va. Code § 2.2-3004:C
Complaints relating solely to the following issues shall not proceed to a hearing: (i) establishment and revision of wages, salaries, position classifications, or general benefits; (ii) work activity accepted by the employee as a condition of employment or which may reasonably be expected to be a part of the job content; (iii) contents of ordinances, statutes or established personnel policies, procedures, and rules and regulations; (iv) methods, means, and personnel by which work activities are to be carried on; (v) termination, layoff, demotion, or suspension from duties because of lack of work, reduction in work force, or job abolition; (vi) hiring, promotion, transfer, assignment, and retention of employees within the agency; and (vii) relief of employees from duties of the agency in emergencies.
Specific Remedies Authorized By Statute
Va. Code § 2.2-3005.1:A-C.
- For those issues qualified for a hearing, the hearing officer may order appropriate remedies. Relief may include (i) reinstatement to the same position, or if the position is filled, to an equivalent position, (ii) back pay, (iii) full reinstatement of fringe benefits and seniority rights, (iv) mitigation or reduction of the agency disciplinary action, or (v) any combination of these remedies. In grievances challenging discharge, if the hearing officer finds that the employee has substantially prevailed on the merits of the grievance, the employee shall be entitled to recover reasonable attorney fees, unless special circumstances would make an award unjust. All awards of relief, including attorney fees, by a hearing officer must be in accordance with rules established by the Department of Human Resource Management.
- The agency from which the grievance arises shall bear the costs for the hearing officer and other associated hearing expenses including the grievant’s attorney fees that the hearing officer may award.
- The decision of the hearing officer shall (i) be in writing, (ii) contain findings of fact as to the material issues in the case and the basis for those findings, including any award of reasonable attorney fees pursuant to this section, and (iii) be final and binding if consistent with law and policy.
Statutes protecting whistleblowers who report fraud against government
Virginia Fraud Against Tax Payers Act
Similar to the federal False Claims Act, the Virginia Fraud Against Tax Payers Act permits individuals with knowledge of fraud to pursue a qui tam action and it protects employees, contractors, and agents who engage in efforts to stop fraud from retaliation.
Citation
Va. Code § 8.01-216.1 et seq.
Parties Protected By Statute
Va. Code. § 8.01-216.8 “any employee, contractor, or agent.”
Protected Actions Under Statute
Va. Code. § 8.01-216.8 “lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under this article or other efforts to stop one or more violations of this article.”
Specific Remedies Authorized By Statute
Va. Code. § 8.01-216.8 “Relief shall include reinstatement with the same seniority status that employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney fees. Any relief awarded to an employee under this section shall be reduced by any amount awarded to the employee through a state or local grievance process. An action under this section may be brought in a court of competent jurisdiction for the relief provided in this section, but may not be brought more than three years after the date the discrimination occurred.”
Statutes protecting whistleblowers who report workplace safety issues
Discrimination Against Employees Who Exercise Their Safety and Health Rights
Similar to the federal Occupational Safety and Health Act, Va. Code §40.1-51.2:1 protects employees who report safety or health concerns in the workplace, as well as those that testify or participate in proceedings relating to complaints about safety or health.
Citation
Parties Protected By Statute
The statue protects employees who file complaints about health or safety violations, as well as those participate in investigations and proceedings regarding health and safety violations.
Protected Actions Under Statute
Actions protected include filing a safety or health complaint, and testifying or otherwise acting to exercise rights under the safety and health provisions of Virginia Title 40 regarding labor and employment.
Specific Remedies Authorized By Statute
An employee may be awarded injunctive relief, reinstatement, and backpay.
Statutes protecting whistleblowers who report possible wrongdoing in other specific areas
Protections for Employees Who Make Reports Regarding Patient Safety
Va. Code § 8.01-581.17:H prohibits healthcare providers from retaliating against employees who make a good faith report regarding patient safety to a patient safety organization.
Citation
Parties Protected By Statute
Protected Actions Under Statute
Specific Remedies Authorized By Statute
Protections for Hospital Staff
No hospital may retaliate or discriminate in any manner against any person who (i) in good faith complains or provides information to, or otherwise cooperates with, the Department or any other agency of government or any person or entity operating under contract with an agency of government having responsibility for protecting the rights of patients of hospitals, or (ii) attempts to assert any right protected by state or federal law.
Citation
Parties Protected By Statute
Protected Actions Under Statute
Specific Remedies Authorized By Statute
Protections for Employees of Nursing Facilities
No nursing facility may retaliate or discriminate in any manner against any person who (i) in good faith complains or provides information to, or otherwise cooperates with, the Department or any other agency of government or any person or entity operating under contract with an agency of government, having responsibility for protecting the rights of patients of nursing facilities or (ii) attempts to assert any right protected by state or federal law.
Citation
Parties Protected By Statute
Protected Actions Under Statute
Specific Remedies Authorized By Statute
Protections for Employees Who Report Pollution and Environmental Hazards
The law protects employees who report violations to the Virginia Board for Asbestos, Lead, and Home Inspectors or another appropriate agency.
Citation
Parties Protected By Statute
Protected Actions Under Statute
Specific Remedies Authorized By Statute
Protections for Employees of Assisted Living Facilities, Adult Day Cares, or Child Welfare Agencies
The law protects employees who report violations to the Virginia Board for Asbestos, Lead, and Home Inspectors or another appropriate agency.
Citation
Parties Protected By Statute
Protected Actions Under Statute
Specific Remedies Authorized By Statute
Protection For Those Who Report Child or Adult Abuse
The law protects individuals who in good faith report adult or child abuse or neglect.
Citation
Parties Protected By Statute
Protected Actions Under Statute
Specific Remedies Authorized By Statute
Protections for Those Who Seek Workers’ Compensation Or Participate In Workers’ Compensation Proceedings
The law prohibits employers from retaliating against employees who file claims for workers’ compensation or who participate in workers’ compensation proceedings.
Citation
Parties Protected By Statute
Protected Actions Under Statute
Specific Remedies Authorized By Statute
Public policy exception to employment at will
Public-Policy Exception Case Law
Employees may be protected if they exercise a statutory right, refuse to engage in a criminal act, or when their termination violates a public policy explicitly stated in a statute when the employee is a member of the class of individuals protected by the statute or public policy.
Have any state courts recognized a public-policy exception without being reversed?
Has the state's highest court recognized a public-policy exception?
Main judicial opinion(s) that established the public-policy exception
Mitchem v. Counts, 259 Va. 179, 190, 523 S.E.2d 246, 252 (2000)
Protected Actions Under State's Public-Policy Exception Case Law
- Refusal to engage in criminal activity
- Exercising a statutorily created right
- Situations where the public policy violated by the employer is explicitly expressed in a statute and the employee is a member of the class of persons directly entitled to the protection enunciated by the public policy.