Whistleblowers protected under public policy tort. However, remedy may be precluded if statutory remedy available.
- Hermreck v. UPS Inc., 938 P.2d 863 (Wyo. 1997)
- McLean v. Hyland Enterprises, Inc., 34 P.3d 1262 (Wyo. 2001)
Frequently Asked Questions
Does Wyoming have a False Claims Act (FCA)?
Yes, the Wyoming Medicaid False Claims Act, though it only applies to instances of fraud against the state’s Medicaid program.
Does the Wyoming law have a whistleblower provision?
Yes. The Wyoming Medicaid False Claims Act contains an employee protection provision that prohibits whistleblower retaliation. In addition, according to the law, “any employee, contractor or agent of a person being investigated for a violation of the WMFCA shall be entitled to recover all economic damages suffered if that employee, contractor or agent is discharged, demoted, suspended, threatened, harassed or in any other manner retaliated against in the terms and conditions of employment because of lawful acts taken in good faith by the employee or others in an action reported, filed or investigated under the WMFCA. An employee, contractor or agent may bring suit for any such damages up to three (3) years after the date when the retaliation occurred.”
Does Wyoming recognize the public policy exception for wrongful termination?
Yes, though it is very limited. In Wyoming, an employer may not terminate an employee for a reason that violates a strong and well-established public policy. In practice, this has only ever applied to cases of workers’ compensation claims.