Can a whistleblowers sue if they are retaliated against?
Yes, a whistleblower can sue if they are retaliated against in Virginia. The Virginia Fraud Against Taxpayers Act allows a whistleblower to bring a civil suit against the person or organization that retaliates against them for filing a complaint about fraudulent activities. In order for a whistleblower to bring a suit, they must demonstrate that their original complaint was made with a reasonable belief that it was true. The court may award monetary damages to the whistleblower, including legal fees. The Virginia Fraud Against Taxpayers Act also prohibits employers from taking adverse action against a whistleblower for filing a complaint about fraudulent activities. This includes termination, demotion, suspension, harassment or threats. If employers do take adverse action against a whistleblower, they can be required to pay a civil penalty of up to $5,000. The law also provides protection for whistleblowers who cooperate with an investigation or testify in court. If a whistleblower is called to testify in court, they cannot be fired, suspended, demoted or threatened while they are providing their testimony. Overall, Virginia has strong whistleblower protection laws that provide a legal remedy for whistleblowers who have suffered retaliation. If a whistleblower feels that they have been retaliated against, they should speak to an attorney to explore their legal options.
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