Whistleblowers are employees who expose illegal, fraudulent or unsafe activity to internal or external authorities. From social media companies to government institutions to financial giants, whistleblower complaints against these organizations have been prominent in recent news. The federal government has dozens of whistleblower protection programs in place (going back as far as 1989) that cover employees working at most of their agencies.
A good example of a protected whistleblower is an employee at a healthcare group who discovers the facility is fraudulently billing Medicare for services they don’t perform and reports the information to management, HR or government authorities.
Whistleblowers are often protected from adverse action such as retaliation and termination by state and federal legislation, and hefty fines can be levied against violators. Depending on the level of fraudulent activity, whistleblowers can also be financially rewarded with a percentage of the money collected via settlement, which often reaches millions of dollars.
Whistleblower laws by state chart
| State | Law | Employers Covered by Laws | Whistleblower Complaint Protections |
|---|---|---|---|
| Alabama | §36-26A-1 | State | State employers can’t retaliate against an employee who reports a violation to a public authority or law enforcement agency. Prohibited retaliatory actions include reducing pay or terms of employment (e.g., reduction in hours), termination, transfer or demotion. |
| Alaska | §39.90.110, et seq. | Public | Public employers can’t threaten, discriminate against or fire an employee who reports a violation to a public authority or who participates in an inquiry or court proceeding on a public concern issue. |
| Arizona | None | ||
| Arkansas | None | ||
| California | Govt. Code §§53296 et seq. | All | Any employee who reports reasonable proof of state or federal violations is protected from adverse action. |
| Colorado | §24-50.5-101 et seq. | State | State agencies and their managers can’t retaliate against or terminate an employee for reporting prohibited activities. |
| Connecticut | §§31-51m & 4-61dd | Private and Public | Employers can’t retaliate, discriminate, terminate, enforce disciplinary action and other penalties if an employee discloses actual or suspected illegal activities at the local, state and federal level. Disclosure of the reporting employee’s name is illegal. Employees who intentionally file a false report aren’t protected under the law and can be terminated. |
| Delaware | Title 29, §5115 | Public | Employers can’t threaten, discriminate or terminate an employee for disclosing actual or suspected illegal activities. Employees who intentionally file a false report aren’t protected under the law and can be terminated. |
| DC | None | ||
| Florida | §448.102 | Private and Public | Employers can’t retaliate against an employee who reports violations that create specific and significant danger to public welfare, health or safety. Prohibited actions includes adverse personnel measures, termination or other disciplinary behavior. |
| Georgia | None | ||
| Hawaii | §378-61 et seq. | Private and Public | Prohibited retaliation against a reporting employee includes discrimination by way of employment terms, compensation, location, conditions or privileges of employment as well as threats or termination. |
| Idaho | None | ||
| Illinois | 20 ILCS 415/19c.1 | Public | Employers can’t discipline employees for reporting protected activities when the employee reasonably believes the violations occurred. The employee’s name can’t be revealed without consent. |
| Indiana | §4-15-10-4 | State | Prohibited retaliatory measures by employers include termination, denial of benefits or wages, job reassignment, transfer or demotion. False reporting is not protected. |
| Iowa | §§19A.19 & 70A.29 | State | An employer can’t terminate an employee or take adverse personnel action in retaliation for a whistleblower report. |
| Kansas | §75-2973 | State | State employees are permitted to discuss agency operations with a member of the legislature or report federal or state law violations. However, the employee is required to disclose the nature of the testimony they plan to give and inform supervisors of any legislative requests. Disciplinary action of an employee who discloses confidential information or gives false testimony is allowed. |
| Kentucky | §61.102 et seq. | State | Employees are protected from retaliation for reporting violations of local, state or federal laws, fraud, mismanagement or endangering public health. The employee is not required to notify a supervisor prior to making a report. the employee is required to disclose the nature of the testimony they plan to give and inform supervisors of any legislative requests. Disciplinary action of an employee who discloses confidential information or gives false testimony is allowed. |
| Louisiana | §§30:1074.1 & 23:964 | All | Employees can file complaints for potential state, local or federal environmental protection law violations. They can also provide testimony in state labor law violation investigations. Employers can’t terminate, retaliate or discriminate against the employee. Employees who are retaliated against for disclosing violations of environmental protection laws can seek triple damages, attorney fees and court costs in district court. |
| Maine | Title 5 §4572 | Private and Public | Employees have the right to refuse participation in activities that put them or another party at risk. Good-faith reporting of a suspected or actual violation of a federal, state or local law, reporting a practice that jeopardizes the employee, another person or the public and participation in an inquiry, court proceeding, or investigation are protected. Employers with one or more employees can’t discriminate against, terminate or threaten an employee who engages in protected activities. Before reporting a suspected violation, the employee is required to inform their supervisor and give the employer reasonable time to correct the action. Victims can file a complaint with the Maine Human Rights Commission and seek civil compensation under common law. |
| Maryland | None | ||
| Massachusetts | Ch. 149 §85 | All | Employers can’t take retaliatory action against an employee who reports violations or risks to safety, public health or the environment. Retaliatory termination, demotion or suspension are prohibited. |
| Michigan | §15.361 et seq. and case law | All | Employers can’t discriminate or terminate an employee or someone acting on their behalf in retaliation for reporting illegal activity to a government office. False reports aren’t protected. Employers also can’t retaliate against an employee who is asked to participate in a hearing, inquiry, investigation or court action. |
| Minnesota | §181-931 et seq. | Private and Public | Employers can’t retaliate against an employee for reporting an actual or suspected violation of federal or state law, or for refusing to participate in an activity that violates federal or state law. False reporting is not protected. Retaliation includes disciplinary actions, discrimination, threats, privileges, changes to the terms and conditions of employment, compensation or location, and termination. Employees can seek damages in civil court, attorney fees and court costs. Terminated employees have up to 5 days to request a written explanation for termination. An employer that fails to do so can be fined $25/day with a maximum of $750/employee. The employee can’t file a defamation, slander or libel suit against the employer for information in the written notice. |
| Mississippi | None | ||
| Missouri | §105.055 | State | Employees are protected from retaliation for reporting violations of local, state or federal laws, fraud, mismanagement or endangering public health. False reporting is not protected. |
| Montana | None | ||
| Nebraska | §§48-1102 & 48-1114 | Private, State and Unions | Employers with 15+ employees, unions and employment agencies can’t discriminate against an employee who refuses to follow a directive in violation of federal or state law, or if the employee has opposed a practice in violation of federal or state law. |
| Nevada | None | ||
| New Hampshire | §359-B4 | Private and Public | Employer can’t retaliate against a whistleblower by reducing compensation, transfers, or making other changes to the terms or conditions of employment. Termination and threats are also prohibited. Protected activity includes participating in a government agency hearing, investigation or inquiry; refusing to follow instructions in violation of a law or rule; and reporting a violation of a local, state or federal law or rule. To be protected, the employee must report the alleged wrongdoing to their supervisor, who can have time to correct the matter. The exception is when the employee believes that the supervisor will not correct the matter. Victimized employees can request a hearing by the commissioner of labor, as well as through civil or union procedures. Remedies can include back pay, reinstatement of employment, benefits and an injunction. |
| New Jersey | §34:19-3 et seq. and case law | Private and Public | The state’s Conscientious Employee Protection Act covers employees who threaten to disclose or actually disclose activity they believe is unlawful; testify or provide information in a violation investigation; refuse or object to participating in an activity that the employee reasonably believes is fraudulent, violates the law, is criminal, or threatens the safety, health, protection or welfare of the environment. Disclosures must be made to a supervisor or a member of a public body in writing and reasonable time for correction must be allowed. Exceptions include the employee fearing physical harm, the situation constitutes an emergency, or they believe the supervisor is aware of the violation. Claims require the employee to establish reasonable belief that the employer actually violated public policy or broke the law, and not a situation that is the result of a mistake or error in judgment. |
| New Mexico | None | ||
| New York | Labor Law §740 & Civil Service Law §75-b Employers can’t retaliate against or discipline an employee who threatens to disclose or actually discloses activity they believe is unlawful; testify or provide information in a violation investigation; refuse or object to participating in an activity that the employee reasonably believes is fraudulent, violates the law, is criminal, or threatens the safety, health, protection or welfare of the environment. | Private and Public | Employers can’t retaliate against or discipline an employee who threatens to disclose or actually discloses employer violations of regulations or laws, activities that threaten public safety or health, and improper government action to a governmental body. Victims can seek back pay and benefits in a civil action and may be eligible for attorney fees and costs. False reporting is not protected, and the employer can be compensated for attorney fees and costs. |
| North Carolina | None | ||
| North Dakota | §34-06-20 | Private | Employees who refuse to follow a directive that they believe is illegal or who reports a suspected or actual violation of a federal or state law are protected against retaliation. Prohibited actions by an employer include punishment or penalties affecting the employee’s work conditions, compensation, privileges of employment, location and termination. The victim can sue for an injunction, attorney fees and damages within 90 days of the alleged discrimination. Employers that purposefully violate this law is subject to criminal prosecution and a fine of up to $500. |
| Ohio | §4113.52(A)(1) et seq. and §124.341 | Private and Public | Employers can’t retaliate against or discipline an employee who reports local, state or federal legal violations. Disclosures must be made to a supervisor in writing and the employer has 24 hours for correction. After 24 hours with no correction, the employee can notify the police or sheriff, prosecuting authority, or other public official or agency. A separate law protects state employees from retaliation for reporting misuse of public resources or federal or state law violations. Victims can only seek remedies through the state personnel board of review within 30 days of the alleged retaliatory action. False reporting is not protected and is subject to disciplinary action. |
| Oklahoma | Title 74 §840-2.5 | State | Protected whistleblower actions include disclosure of public information; major waste of public funds; federal or state law violations; danger to public safety or health; and discussion with state officials of government agency operations. False reporting is not protected. |
| Oregon | §659.505 | Private and Public | Employers can’t retaliate against employees who report major waste of public funds or criminal activity; assist in a criminal investigation; or file suit against the employer. Prohibited retaliation includes termination, suspension and demotion. |
| Pennsylvania | §1421 et seq. | Public | Employer can’t threaten, terminate, retaliate or discriminate against, an employee who engages in protected whistleblowing activities, including reporting waste or wrongdoing; violations of local, state or federal laws, or regulations or laws, ethics or codes of conduct enacted to protect the public interest; and participating in a hearing, court action or investigation. Victim compensation includes civil injunction and damages. There is a 180-day statute of limitations from the date of the alleged retaliation. Employers can receive up to a $500 fine. |
| Rhode Island | §28-50-4 | Private and Public | Employers can’t discriminate against, threaten or terminate an employee in retaliation for reporting law violations to a public body; or for participating in an inquiry, court action, investigation or hearing. The state has a 3-year statute of limitations. Victims can file a civil suit for damages and remedies. |
| South Carolina | §8-27-10 et seq. | Govt. | Protected employee activities include testifying in a hearing or court regarding wrongdoing by the employer; reporting violations of state or federal laws; and disclosure of corruption, criminal activity, fraud, waste or gross negligence. Prohibited employer retaliation includes suspension, termination, demotion, reduced compensation, threats or other disciplinary action. False reporting is not protected. When the report leads to saving public funds, the reporting employee can be awarded up to 25% of the estimated savings, limited to $2,000 maximum. |
| South Dakota | None | ||
| Tennessee | S.B. 682 (2010) | Public and Private | Employees can’t be retaliated against for reporting illegal activities by an employer. |
| Texas | None | ||
| Utah | §67-21-1 et seq. | Public | Protected employee activities include reporting suspected or presence of excessive waste; suspected or actual violation of federal or state law; and refusing to comply with an unlawful order. Employers can’t terminate, discriminate against, discipline or threaten an employee engaged in protected activities. False reporting is not protected. Employees must adhere to reporting procedures and provide written notice of the alleged violation. The exception is when the employee believes that the company will not correct the matter. 180-day statute of limitations. Civil remedies for retaliation include back-pay and recovery of benefits, job reinstatement, and attorney fees and costs. Employers can receive up to a $500 fine. |
| Vermont | None | ||
| Virginia | None | ||
| Washington | §§ 42.40.020, 42.40.030 and 42.40.050 | State | Employers can’t retaliate against employees who inform state auditors of improper governmental activities. The employee must first attempt to inform their agency head before filing a report. |
| West Virginia | §6C-1-3 et seq. | State | Protected activities include actual or good faith reporting of waste or wrongdoing to a public body or the employer and participation in inquiries, investigations, trials or hearings regarding violations. Prohibited retaliatory actions include reducing pay or terms of employment (e.g., reduction in hours), termination, transfer or demotion. There is a 180-day statute of limitations for an employee to file a claim. The victim can seek an injunction and damages via a civil suit. Remedies include back-pay and recovery of benefits, reinstatement, witness and attorney fees, and court costs. Employers and elected public officials can be fined up to $500. Non-elected public officials can face up to 6 months of suspension from public service. |
| Wisconsin | None | ||
| Wyoming | None |