West Virginia Whistleblower Law

Whistleblowers protected under common law “public policy” tort.  

Court Decisions:

  • Harless v. First National Bank, 246 S.E.2d 270 (W.Va. 1978) 
  • Kanagy v. Fiesta Saloons, Inc., 541 S.E.2d 616 (W. Va. 2000) 
  • Kalany v. Herman Campbell, 640 S.E.2d 113 (W. Va. 2006) 
  • Wiggins v. Eastern Associated Coal, 357 S.E.2d 745 (W.Va. 1987) (Mine Health and Safety Act not an exclusive remedy) 


Frequently Asked Questions

Does West Virginia have a False Claims Act (FCA)?

No, but it does have the West Virginia Anti-Fraud Statute, which prohibits fraud against the state’s Medicaid and Department of Health and Human Resources.

Does the West Virginia FCA have a whistleblower provision?


Does West Virginia recognize the public policy exception for wrongful termination?

Yes. West Virginia is an at-will employment state that prohibits the firing of an employee for reasons that contradict public policy. (See Harless v. First National Bank, WVU College of Law Research)

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