What rights do I have if I am retaliated against?

In Virginia, if you suffer retaliation after becoming a whistleblower, you may have the right to bring legal action against the retaliator. The Virginia Fraud Against Taxpayers Act provides protections against retaliation for employees and contractors who report violations of state or federal law or mismanagement of funds. If an employer retaliates against a whistleblower for reporting a violation, the whistleblower can file a lawsuit against the employer seeking damages and a court order to stop the retaliatory activities. Damages may include lost wages, benefits, or other costs associated with the retaliatory action. Under Virginia law, an employer cannot take adverse action against an employee within 90 days of their reporting the violation. This includes termination, suspension, demotion, reduction in pay, or other punishment. An employer is also prohibited from retaliating against the whistleblower for testifying or participating in an investigation or hearing. Whistleblowers may also be protected under the False Claims Act, which prohibits employers from retaliating against employees who make a report of fraud against the government. The law also protects those who are asked to participate in an investigation. In addition to laws protecting whistleblowers, the state of Virginia has a Whistleblower Protection Act, which forbids any employer from retaliating against an employee who reports an illegal activity, gross misconduct, or misuse of public funds.

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