CODE OF VIRGINIA

DISCRIMINATION AND RETALIATORY ACTIONS AGAINST WHISTLE BLOWERS PROHIBITED; GOOD
FAITH REQUIRED; REMEDIES (§ 2.2-3011)

A. No employer may discharge, threaten, or otherwise discriminate or retaliate
against a whistle blower whether acting on his own or through a person acting on
his behalf or under his direction.

B. No employer may discharge, threaten, or otherwise discriminate or retaliate
against a whistle blower, in whole or in part, because the whistle blower is
requested or subpoenaed by an appropriate authority to participate in an
investigation, hearing, or inquiry by an appropriate authority or in a court
action.

C. To be protected by the provisions of this chapter, an employee who discloses
information about suspected wrongdoing or abuse shall do so in good faith and
upon a reasonable belief that the information is accurate. Disclosures that are
reckless or the employee knew or should have known were false, confidential by
law, or malicious shall not be deemed good faith reports and shall not be
protected.

D. In addition to the remedies provided in § 2.2-3012, any whistle blower may
bring a civil action for violation of this section in the circuit court of the
jurisdiction where the whistle blower is employed. In a proceeding commenced
against any employer under this section, the court, if it finds that a violation
was willfully and knowingly made, may impose upon such employer that is a party
to the action, whether a writ of mandamus or injunctive relief is awarded or
not, a civil penalty of not less than $ 500 nor more than $ 2,500, which amount
shall be paid into the Fraud and Abuse Whistle Blower Reward Fund. The court may
also order appropriate remedies, including (i) reinstatement to the same
position or, if the position is filled, to an equivalent position; (ii) back
pay; (iii) full reinstatement of fringe benefits and seniority rights; or (iv)
any combination of these remedies. The whistle blower may be entitled to recover
reasonable attorney fees and costs. No action brought under this subsection
shall be brought more than three years after the date the unlawful discharge,
discrimination, or retaliation occurs. Any whistle blower proceeding under this
subsection shall not be required to exhaust existing internal procedures or
other administrative remedies.

E. Nothing in this chapter shall prohibit an employer from disciplining or
discharging a whistle blower for his misconduct or any violation of criminal
law.

F. No court shall have jurisdiction over an action brought under § 8.01-216.5
based on information discovered by a present or former employee of the
Commonwealth during the course of his employment unless that employee first, in
good faith, has exhausted existing internal procedures for reporting and seeking
recovery of the falsely claimed sums through official channels and unless the
Commonwealth failed to act on the information provided within a reasonable
period of time.

HISTORY: 2009, c. 340; 2014, cc. 335, 403.