How is a whistleblower protected from defamation?
In Virginia, the state’s whistleblower law, also known as the Virginia Fraud Against Taxpayers Act, offers protection from civil and criminal prosecution as well as defamation for public and private sector whistleblowers. The law limits the potential for employers to pursue claims against whistleblowers by granting immunity from being held personally liable for any alleged wrongdoing resulting from the whistleblower’s disclosure of that wrongdoing. The law also provides for punitive damages, court costs, and attorney’s fees if the whistleblower’s claim is proven. This helps to deter employers from acting in a retaliatory manner towards whistleblowers. Additionally, the Virginia Fraud Against Taxpayers Act outlines specific procedures that must be followed when an employer retaliates against a whistleblower, such as providing the former employee with a written notice of the retaliatory action and giving them the opportunity to challenge it in court. If a whistleblower is defamed by the employer, the whistleblower may bring a civil claim against the employer for libel or slander. A successful claim could result in damages which would be awarded to the whistleblower. This civil action can help protect whistleblowers from further damage to their reputation and give them a sense of justice.
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