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Whistleblower Laws by State 2024
Whistleblower laws play a crucial role in protecting employees who report violations or illegal activities within their organizations. These laws vary from state to state, outlining the rights and protections afforded to whistleblowers and the responsibilities of employers. Understanding these laws is essential for both employees and employers to ensure a safe and transparent work environment.
In some states like California and Colorado, whistleblowers enjoy comprehensive protection against retaliation from their employers. Employees who report reasonable proof of state or federal violations in California are shielded from adverse actions such as pay reduction, termination, or demotion. Similarly, in Colorado, state agencies and their managers are prohibited from retaliating against employees for reporting prohibited activities.
However, the landscape of whistleblower laws differs across states. Some states, such as Mississippi and Montana, have no specific whistleblower protections outlined in their laws. In contrast, other states have varying degrees of protection for whistleblowers, depending on the sector or nature of the reported violation.
For instance, in states like New Jersey and Pennsylvania, private and public sector employees are safeguarded under the Conscientious Employee Protection Act and similar statutes. These laws protect employees who report unlawful activities or refuse to participate in illegal actions that threaten safety or welfare. Employees are typically required to report the violation to a supervisor or public body and allow reasonable time for correction before taking further action.
State | Laws Protecting Employers | Complaint Protections |
|---|---|---|
| Alabama | State | Employers can't punish employees for reporting violations to authorities. This includes pay reduction, termination, transfer, or demotion. |
| Alaska | Public | Public employers can't retaliate against employees who report violations or participate in public concern inquiries/court proceedings. |
| Arizona | None | |
| Arkansas | None | |
| California | All | Any employee who reports reasonable proof of state or federal violations is protected from adverse action. |
| Colorado | State | State agencies and their managers can’t retaliate against or terminate an employee for reporting prohibited activities. |
| Connecticut | Private and Public | Employers can't punish employees for reporting actual or suspected illegal activities at any level. Disclosing the employee's name is illegal. False reports are not protected and may result in termination. |
| Delaware | Public | Employers can't punish employees for reporting actual or suspected illegal activities. False reports are not protected and may result in termination. |
| District of Columbia | None | |
| Florida | Private and Public | Employers can't punish employees for reporting violations that endanger public welfare, health, or safety. This includes adverse personnel measures, termination, or other disciplinary action. |
| Georgia | None | |
| Hawaii | Private and Public | Retaliation against a reporting employee is prohibited, including discrimination in employment terms, compensation, location, conditions, or privileges. Threats or termination are also prohibited. |
| Idaho | None | |
| Illinois | Public | Employers can't discipline employees for reporting protected activities if the employee reasonably believes violations occurred. The employee's name can't be revealed without consent. |
| Indiana | State | Employers can't retaliate against employees with termination, denial of benefits or wages, job reassignment, transfer, or demotion. False reporting is not protected. |
| Iowa | State | An employer can’t terminate an employee or take adverse personnel action in retaliation for a whistleblower report. |
| Kansas | State | State employees can discuss agency operations with legislators or report violations of federal or state laws. The employee must disclose the nature of the testimony and any legislative requests to supervisors. Disciplinary action is allowed for disclosing confidential information or giving false testimony. |
| Kentucky | State | Employees are protected from retaliation for reporting violations of laws, fraud, mismanagement, or endangering public health. They don't need to notify a supervisor before making a report. The employee must disclose the nature of the testimony and any legislative requests to supervisors. Disciplinary action is allowed for disclosing confidential information or giving false testimony. |
| Louisiana | All | Employees can report potential environmental protection law violations or provide testimony in state labor law violation investigations. Employers can't retaliate or discriminate against them. Retaliated employees can seek triple damages, attorney fees, and court costs in district court for disclosing violations of environmental protection laws. |
| Maine | Private and Public | Employees can report violations or refuse risky activities. Employers can't retaliate or discriminate against them. Before reporting, employees must inform their supervisor and give time to correct. Complaints can be filed with the Maine Human Rights Commission, and victims can seek compensation under common law. |
| Maryland | None | |
| Massachusetts | All | Employers can't retaliate against employees who report safety, public health, or environmental violations or risks. Termination, demotion, or suspension as retaliation is prohibited. |
| Michigan | All | Employers can't discriminate or terminate an employee for reporting illegal activity to the government. False reports aren't protected. They also can't retaliate against an employee asked to participate in a hearing, inquiry, investigation, or court action. |
| Minnesota | Private and Public | Employers can’t retaliate against employees for reporting or refusing to participate in violations of federal or state law. False reports are not protected. Retaliation includes various actions like discrimination, threats, termination, etc. Damages, attorney fees, and court costs can be sought. Terminated employees can request a written explanation within 5 days. The employer can be fined up to $750/employee for non-compliance. The employee can’t sue for defamation, slander or libel in the written notice. |
| Mississippi | None | |
| Missouri | State | Employees are protected from retaliation for reporting violations of local, state or federal laws, fraud, mismanagement or endangering public health. False reporting is not protected |
| Montana | None | |
| Nebraska | Private, State and Unions | Employers, unions, and employment agencies with 15 or more employees cannot discriminate against employees who refuse to follow directives violating federal or state laws or who oppose practices violating federal or state laws. |
| Nevada | None | |
| New Hampshire | Private and Public | Employers can't retaliate against whistleblowers through termination, threats, or changes to employment terms. Protected activity includes participating in government hearings, refusing to follow unlawful instructions, and reporting law violations. Reporting to a supervisor is required, except when they won't correct the issue. Victimized employees can seek remedies such as back pay and reinstatement through civil or union procedures. |
| New Jersey | Private and Public | The Conscientious Employee Protection Act protects employees who report unlawful activity, testify in violation investigations or refuse to participate in illegal activities that threaten safety or welfare. The employee must report to a supervisor or public body and allow reasonable time for correction. Exceptions include emergencies or fear of physical harm. Claims require proof of reasonable belief of public policy violation or law-breaking, not just a mistake. |
| New Mexico | None | |
| New York | Private and Public | Employers can't retaliate against employees who report violations of regulations or laws, or improper government actions to a governmental body. False reporting is not protected. Employees can seek back pay and benefits in a civil action and may be eligible for attorney fees and costs. |
| North Carolina | None | |
| North Dakota | Private | Protected employees can refuse illegal directives and report suspected violations of federal or state laws. Employers can’t retaliate by changing the employee’s work conditions, compensation, location, or by terminating them. Victims can sue for an injunction, attorney fees, and damages within 90 days. Employers who intentionally violate the law can face criminal prosecution and a fine of up to $500. |
| Ohio | Private and Public | Employers can’t retaliate against an employee who reports legal violations. Disclosures must be in writing to a supervisor and the employer has 24 hours to correct the matter. After 24 hours, the employee can notify authorities. State employees have separate protection for reporting misuse of public esources or law violations. Remedies for retaliation claims are only available through the state personnel board of review. False reporting is not protected. |
| Oklahoma | State | Whistleblowers are protected from retaliation when disclosing public information, violations of laws, waste of public funds, and risks to public safety or health. False reporting is not protected. |
| Oregon | Private and Public | Employers can’t retaliate against employees who report major waste of public funds or criminal activity; assist in a criminal investigation; or file suit against the employer. Prohibited retaliation includes termination, suspension and demotion. |
| Pennsylvania | Public | Protected whistleblowing includes reporting waste, violations of laws or regulations, and participating in hearings or investigations. Employers can’t retaliate with termination, discrimination or other actions. Victims can seek civil remedies, and the statute of limitations is 180 days. Employers face up to a $500 fine. |
| Rhode Island | Private and Public | Employers can’t retaliate against an employee for reporting law violations or participating in related proceedings. 3-year statute of limitations. Victims can file civil suits for damages and remedies. |
| South Carolina | Government | Protected employee activities include reporting violations of laws or regulations, testifying in court or hearings, and disclosing corruption, criminal activity, fraud, waste or gross negligence. Employers can't retaliate with disciplinary actions, including suspension, demotion, or termination. Reporting employees may receive up to 25% of estimated savings, capped at $2,000, if their report leads to savings. False reporting is not protected. |
| South Dakota | None | |
| Tennessee | Private and Public | Employees can’t be retaliated against for reporting illegal activities by an employer. |
| Texas | None | |
| Utah | Public | Employees are protected when reporting suspected waste or violation of state or federal law, or refusing to follow unlawful orders. Employers cannot retaliate or discriminate against them. False reporting is not protected. Employees must follow reporting procedures, except if the company won't correct the issue. Civil remedies include back-pay, benefits, job reinstatement, and attorney fees. The employer can be fined up to $500. |
| Vermont | None | |
| Virginia | None | |
| Washington | State | Employers can’t retaliate against employees who inform state auditors of improper governmental activities. The employee must first attempt to inform their agency head before filing a report. |
| West Virginia | State | Protected activities: reporting waste, fraud, or violations of laws or regulations to a public body or employer; participating in inquiries, investigations, trials, or hearings on such violations. Prohibited retaliation: reducing pay or terms of employment, termination, transfer, or demotion. 180-day statute of limitations to file a claim. Remedies: back-pay, benefits recovery, reinstatement, witness and attorney fees, and court costs. Employers and elected officials can be fined up to $500; non-elected officials can face up to 6 months of suspension from public service. |
| Wisconsin | None | |
| Wyoming | None |