Massachusetts Whistleblower Law
Whistleblowers protected under common law “public policy” tort.
Court Decisions:
- Fortune v. National Cash Register, 364 N.E.2d 1251 (Mass. 1977)
- Upton v. JWP Businessland, 682 N.E.2d 1357 (Mass. 1997)
Statues:
- MA Gen L ch 12 § 5j (attorney general)
- MA Gen L ch 149 § 185 (public employees)
- MA Gen L ch 149 § 187 (healthcare facilities)
- MA Gen L ch 111f § 13 (hazardous substances)
Frequently Asked Questions
Does Massachusetts have a False Claims Act (FCA)?
Yes. The Massachusetts False Claims Act covers all types of frauds against the state, not just those in the healthcare industry.
Does the Massachusetts FCA have a whistleblower provision?
Yes. Qui tam cases may be brought under the state’s FCA, and whistleblowers are eligible for an award of between 15 and 25 percent of proceeds in cases where the state intervenes, and 25 to 30 percent of the proceeds if the state does not.
Does Massachusetts recognize the public policy exception for wrongful termination?
Yes. Employers cannot terminate employees for refusing to break the law or acting in a way that is contrary to a well-defined public policy.
