Guam Whistleblower Law
Federal court recognizes common law protections for whistleblowers under local law.
Court Decisions:
- Hill v. Booz Allen Hamilton, Inc., 2009 U.S. Dist. LEXIS 50193 (Guam 2009)
Frequently Asked Questions
Does Guam have a False Claims Act?
Yes. The Guam False Claims and Whistleblower Act covers more than just healthcare fraud, and applies to claims made to the government of Guam, contractors, grantees, and other recipients or users of state funds.
Does the Guam FCA have a whistleblower provision?
Yes. There is also a separate provision dedicated to whistleblowers who uncover and report tax frauds. Government intervention in a case could leave a whistleblower with an award between 15 and 25 percent. In a case that lacks government 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 Guam recognize the public policy exception for wrongful termination?
Yes, though a strict test exists. In Guam, to have a successful claim under this exception, an employee must prove a clear public policy existed, the dismissal would jeopardize that public policy, the dismissal was motivated by conduct related to that public policy, and the employer lacked a legitimate business justification for the dismissal.
