West Virginia Whistleblower Law
Whistleblowers protected under common law “public policy” tort.
Court Decisions:
- Harless v. First National Bank, 246 S.E.2d 270 (W.Va. 1978)
- Kanagy v. Fiesta Saloons, Inc., 541 S.E.2d 616 (W. Va. 2000)
- Kalany v. Herman Campbell, 640 S.E.2d 113 (W. Va. 2006)
- Wiggins v. Eastern Associated Coal, 357 S.E.2d 745 (W.Va. 1987) (Mine Health and Safety Act not an exclusive remedy)
Statute:
- WV Code § 6C-1-1–8 (public employees)
Frequently Asked Questions
Does West Virginia have a False Claims Act (FCA)?
No, but it does have the West Virginia Anti-Fraud Statute, which prohibits fraud against the state’s Medicaid and Department of Health and Human Resources.
Does the West Virginia FCA have a whistleblower provision?
N/A.
Does West Virginia recognize the public policy exception for wrongful termination?
Yes. West Virginia is an at-will employment state that prohibits the firing of an employee for reasons that contradict public policy. (See Harless v. First National Bank, WVU College of Law Research)
