Puerto Rico Whistleblower Law
Whistleblowers protected under Labor Code against Unjust Dismissal.
Court Decisions:
- Asociacion de Empleasdos del Estado Libre Asociado de Puerto Rico v. Union Internacional de Trabajadores de la Industria de Automoviles, 515 F. Supp. 2d 209 (D.P.R. 2007)
Statutes:
- Labor Code Against Unjust Dismissals, 29 PR Laws tit. 1, § 185a
Frequently Asked Questions
Does Puerto Rico have a False Claims Act (FCA)?
Yes, Puerto Rico recently passed the Fraudulent Claims to Programs, Contracts, and Services of the Government of Puerto Rico Act. This applies to general frauds as well as Medicaid misuse.
Does the Puerto Rico FCA have a whistleblower provision?
Yes, whistleblowers are protected under the Act. In addition to protection from retaliation, whistleblowers can receive awards of 15-25% of collections in cases with government intervention and 25-30% in cases lacking government assistance.
Does Puerto Rico recognize the public policy exception for wrongful termination?
Puerto Rico is not an at-will employment territory, meaning employers in Puerto Rico must have “just cause” for dismissal of any employee.
