How is a whistleblower protected from employer retaliation?
In Virginia, whistleblowers are protected from employer retaliation by the Virginia Fraud Against Taxpayers Act and other state and federal anti-retaliation laws. Under the Virginia Fraud Against Taxpayers Act, employers are prohibited from taking any adverse employment action against an employee who reports a violation of the law or a fraudulent activity. This includes issuing reprimands, demotions, denying promotions, withholding pay, or terminating the employee. The Virginia fraud law also prohibits employers from retaliating against a whistleblower by engaging in an activity that would harm the whistleblower’s reputation or ability to find future work. Additionally, the federal Whistleblower Protection Act of 1989 and other state laws protect whistleblowers from retaliation. The Whistleblower Protection Act prohibits employers from discharging, demoting, suspending, threatening, or otherwise discriminating against any employee who discloses information that the employee reasonably believes is evidence of a federal violation or misuse of government funds. The law also requires employers to post notices advising employees of their protections against retaliation. For whistleblowers in Virginia, the law provides a variety of remedies for those who experience employer retaliation. These remedies include reinstatement, back pay, and compensatory damages. In some cases, punitive damages may be awarded if the retaliation is found to be especially egregious. Whistleblowers are also entitled to attorneys’ fees and court costs. Therefore, Virginia whistleblowers receive substantial protection from employer retaliation.
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