Pennsylvania Whistleblower Law
Whistleblowers protected under a limited common law “public policy” tort, and this right may be precluded based on a state statutory remedy.
Court Decisions:
- Geary v. United States Steel Corp., 319 A.2d 174 (Pa. 1974);
- Rothrock v. Rothrock Motor Sales, 883 A.2d 511 (Pa. 2005)
- Weaver v. Harpster, 975 A.2d 555 (Pa. 2009)
- Oliveri v. U.S. Food Service, 2010 U.S. Dist. LEXIS 11199 (M.D. Pa.)
- Morton v. Stryker Medical, 2012 W.L. 3617399 (M.D. Pa. 2012)
- Roman v. McGuire Memorial, 127 A.3d 26 (Pa. Super. 2015)
Statutes:
- Pennsylvania Whistleblower Law, 43 PA Cons Stat 1421–28 (public employees or employees working for companies funded by the state)
- 27 PA Cons Stat 4112 (environmental lab employees)
- 35 PA Cons Stat 6020.1112 (hazardous sites)
- 35 PA Cons Stat 7130.509 (radioactive waste)
- 40 PA Cons Stat 1303.307 (medical)
- 53 PA Cons Stat 4000.1714 (waste and recycling)
- 63 PA Cons Stat 1015.1 (water and wastewater systems)
- 65 PA Cons Stat 67.708 (right-to-know law, public employees)
- 66 PA Cons Stat § 3316 (public utility)
Frequently Asked Questions
Does Pennsylvania have a False Claims Act (FCA)?
No. However, Pennsylvania has the Pennsylvania Medicaid Anti-Fraud Statutes, which applies to healthcare fraud only.
Does the Pennsylvania law have a whistleblower provision?
Yes. According to Pennsylvania law, it is prohibited for “an employer who receives money from a public body from discharging, threatening, discriminating against, or otherwise retaliating against an employee because such employee or a person acting on the employee’s behalf makes a good faith report or is about to report to the employer or appropriate authority an instance of wrongdoing or waste”.
Does Pennsylvania recognize the public policy exception for wrongful termination?
Yes. Pennsylvania employers cannot terminate an employee when a clear mandate of public policy would be violated by the termination.
