Washington Whistleblower Law
Whistleblowers protected under narrow common law “public policy” tort.
Court Decisions:
- Thompson v. St. Regis Paper Company, 685 P.2d 1081 (Wash. 1984)
- Wilmot v. Kaiser Aluminum and Chemical, 821 P.2d 18 (Wash. 1991)
- Danny v. Laidlaw Transit, 193 P.3d 128 (Wash. 2008)
- Cudney v. Alsco, 259 P.2d 244 (Wash. 2011)
- Rose v. Anderson Hay & Grain Co., 358 P.3d 1139 (Wash. 2015) (statutory remedies do not preclude state remedy)
Statutes:
- WA Rev Code § 34.12.038–.039 (local government)
- WA Rev Code § 42.41.010–.901 (local government)
- WA Rev Code § 43.70.075 (health care)
- WA Rev Code § 70.124.100 (state hospitals)
- WA Rev Code § 74.34.180 (health care)
Frequently Asked Questions
Does Washington have a False Claims Act (FCA)?
Yes. The Washington State Medicaid Fraud False Claims Act applies to false claims under the state’s Medicaid program.
Does the Washington FCA have a whistleblower provision?
Yes. A whistleblower under the state’s Medicaid Fraud False Claims Act may receive an award of 15 to 25 percent of the collections in cases where the state intervenes and 25 to 30 percent in cases where there is no state intervention. Award amounts may be decreased if it is found that the whistleblower themselves participated in the fraud.
Does Washington recognize the public policy exception for wrongful termination?
Yes. In Washington, an employer does not have the right to terminate an employee for failing to break state public policy.
