District of Columbia Whistleblower Law
Whistleblowers protected under common law “public policy” tort.
Court Decisions:
- Carl v. Children’s Hospital, 702 A.2d 159 (D.C. App. 1997)
- Lerner v. District of Columbia, et al., 362 F. Supp.2d 149 (D.C. 2005)
- Williams v. Johnson, 776 F.3d 865 (D.C. Cir. 2015) (interpreting DC WPA)
Statutes:
- DC Code § 2-223.01–.07 (public employees)
- DC Code § 1-615.51–.59 (contractors)
Frequently Asked Questions
Does D.C. have a False Claims Act (FCA)?
Yes. The District of Columbia False Claims Act has a general application to more than just healthcare frauds.
Does the D.C. FCA have a whistleblower provision?
Yes. If the violator’s annual District income exceeds $1 million and the damages pleaded in the action exceed $350,000, then a whistleblower suit related to tax fraud can commence. State intervention in a case could leave a whistleblower with an award between 15 and 25 percent. In a case that lacks state intervention, a collection could be between 25 and 30 percent. Any indication that the claimant planned or initiated the violation may reduce the award.
Does D.C. recognize the public policy exception for wrongful termination?
Yes. The District of Columbia recognizes a public policy exception to the at-will employment doctrine. An employer may not fire an employee for a reason that violates public policy.
