Whistleblower Protection Duration: Understanding Time Limits and Legal Avenues

Whistleblower disclosures play a critical role in keeping our Government honest, efficient, and accountable. Recognizing that whistleblowers root out waste, fraud, and abuse and protect public health and safety, Federal laws strongly encourage employees to disclose wrongdoing. Federal laws also protect whistleblowers from retaliation.

Pursuant to the Whistleblower Protection Enhancement Act of 2012, the Department of Health and Human Services, Office of Inspector General, established a Whistleblower Ombudsman in the OIG to educate Department employees about prohibitions on retaliation for whistleblowing, as well as employees' rights and remedies if anyone retaliates against them for making a protected disclosure (i.e., "Whistleblowing").

The Coordinator does not accept complaints of fraud, waste, abuse, or wrongdoing; all complaints should be submitted directly to the OIG Hotline. In addition, the Coordinator is not permitted to act as a legal representative or advocate for employees or former employees.

Understanding Statutes of Limitations

There is no single whistleblower protection or reward law in the United States. Each law is different, and some are stronger than others. Each law has its own statutes of limitation, otherwise known as a filing deadline, and its own procedure for filing a claim or lawsuit. For filing under a reward law, the deadlines are also complicated.

All of the rewards laws emphasize being “first to file”: whoever files first is the only person with a right to the compensation claim. Due to the range of deadlines across laws, it’s critical that whistleblowers act early to identify the best legal protections for their case.

Legal Advice and Resources

Whistleblower laws are complex, and it is recommended that whistleblowers consult with a qualified attorney before acting on any information about potential wrongdoing. The National Whistleblower Center helps connect would-be whistleblowers to attorneys specializing in whistleblower law.

To read about filing deadlines for whistleblower laws, read The New Whistleblower’s Handbook, the first-ever guide to whistleblowing, by the nation’s leading whistleblower attorney.

Protection Against Retaliation

§ 2.2-3011. Discrimination and retaliatory actions against whistle blowers prohibited; good faith required; remedies.

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.

Remedies and Legal Actions

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.

2009, c. 340; 2014, cc. 11, 12.

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