Kentucky Whistleblower Law
Whistleblowers protected under common law “public policy” tort.
Court Decisions:
- Berrier v. Bizer, 57 S.W.3d 271 (Ky. 2001)
- Firestone Textile Co. Div. v. Meadow, 666 S.W.2d 730 (Ky. 1983)
Statute:
- KY Rev Stat § 61.102 (public employees)
- Cope v. Gateway Area, 2015 U.S. App LEXIS 15240 (6th Cir. 2015) (explaining § 61.102)
Frequently Asked Questions
Does Kentucky have a False Claims Act (FCA)?
No, the state does not have a general false claims act. However. Kentucky has enacted the Kentucky Medical Assistance Anti-Fraud Statute, though it only applies to false and fraudulent claims to the Kentucky Medicaid program.
Does the Kentucky law have a whistleblower provision?
The Kentucky Medical Assistance Anti-Fraud Statute does allow for whistleblowers to be awarded when claims are successful. State assistance in the case will lower the whistleblowers collection percentage, and if it is found that the whistleblower is convicted of criminal conduct due to their participation in the fraud, they will receive nothing.
Does Kentucky recognize the public policy exception for wrongful termination?
Yes. Employers are prohibited from firing an employee for failing to violate a well-established public policy, though Kentucky is an “at-will” employment state.
