Virginia
Virginia Whistleblower Laws: Protections and How to Report
Virginia's Whistleblower Protection Law (Va. Code 40.1-27.3) prohibits employers from retaliating against employees who report violations of federal or state law in good faith. Effective July 1, 2020, the law covers both private and public sector workers, protecting employees who report to a supervisor, a governmental body, or law enforcement.
Overview of Virginia Whistleblower Laws
Virginia is an employment-at-will state, meaning employers can generally terminate employees for any reason or no reason. However, Virginia has developed a substantial network of whistleblower protections through both common law and multiple statutes.
A major turning point came on July 1, 2020, when Virginia enacted a broad new Whistleblower Protection Law (Va. Code 40.1-27.3) that extended protections to private sector employees for the first time. Before this law, private sector workers had limited options for whistleblower retaliation claims. Combined with the Fraud and Abuse Whistleblower Protection Act for government employees and the Virginia Fraud Against Taxpayers Act for qui tam lawsuits, Virginia now offers comprehensive protections.
Federal whistleblower protections also apply to all Virginia workers. For a complete overview, see our guide to Federal Whistleblower Laws.
Common Law Protections
Virginia recognizes a public policy exception to the employment-at-will doctrine. Under this exception, employers cannot terminate employees for reasons that violate clearly established public policy. Courts rely on statutes, constitutional provisions, and prior judicial opinions to identify applicable public policies.
Virginia's common law protections generally cover employees who:
- Exercise a legal right or privilege recognized by statute or public policy
- Refuse to participate in criminal activities
While common law claims remain available, the 2020 Whistleblower Protection Law has largely expanded and codified these protections into statutory form.
Virginia Whistleblower Protection Law (Private and Public Sector)
The Virginia Whistleblower Protection Law, codified at Va. Code 40.1-27.3, took effect on July 1, 2020, and provides broad protections for both private and public sector employees.
Who Is Protected
The law covers full-time and part-time employees in both the public and private sectors. This was a significant expansion from prior Virginia law, which offered limited protections for private sector workers.
Protected Activities
Employers cannot discharge, discipline, threaten, discriminate against, penalize, or take other retaliatory action against an employee for:
- Reporting in good faith a violation of federal or state law or regulation to a supervisor, governmental body, or law enforcement official
- Being asked by a governmental body or law enforcement official to participate in an investigation, hearing, or inquiry
- Refusing to participate in criminal activities that may subject the employee to criminal liability
- Refusing to carry out a directive by the employer that would violate federal or state law or regulation (the employee must inform the employer of the reason for the refusal)
- Providing information to or testifying before a governmental body or law enforcement official conducting an investigation into the employer's violations of federal or state law or regulation
Important Limitations
The statute does not authorize the disclosure of false information, information protected by a law or legal privilege, or disclosures that may violate federal or state law. Good faith is a requirement for protection.
Remedies
Employees who prevail under this law may recover:
- Injunctive relief to stop the retaliatory action
- Reinstatement to the former position or an equivalent position
- Lost wages, benefits, and other remuneration, together with interest
- Litigation costs, including reasonable attorney's fees
Statute of Limitations
Lawsuits under the Whistleblower Protection Law must be filed within one year of the retaliatory action.
Fraud and Abuse Whistleblower Protection Act
The Fraud and Abuse Whistleblower Protection Act, codified at Va. Code 2.2-3010 through 2.2-3014, provides additional protections specifically for state employees and citizen whistleblowers.
State Employee Protections
Under Va. Code 2.2-3011, employers cannot discharge, threaten, or discriminate against a whistleblower or a representative of a whistleblower. Protection also extends to employees who receive a request or subpoena from an appropriate authority to participate in an investigation, hearing, inquiry, or court action.
Citizen Whistleblower Protections
Under Va. Code 2.2-3010.1, no governmental agency may threaten, discriminate against, or retaliate against a citizen whistleblower for receiving a request or subpoena to participate in an investigation, hearing, inquiry, or court action.
Remedies
Employers who violate the Fraud and Abuse Whistleblower Protection Act face civil penalties ranging from $500 to $2,500. Aggrieved employees may also recover:
- Reinstatement to the former position or equivalent position
- Back pay
- Full reinstatement of fringe benefits and seniority rights
- Litigation costs, including reasonable attorney's fees
Virginia Fraud Against Taxpayers Act
The Virginia Fraud Against Taxpayers Act allows whistleblowers to file qui tam lawsuits on behalf of the Commonwealth against individuals or entities that defraud the state using taxpayer funds.
What Conduct Is Covered
The Act targets anyone who:
- Knowingly presents false or fraudulent claims for payment with state funds
- Misappropriates state property
- Deceptively avoids binding obligations to pay the state
- Conspires to commit any of these violations
Qui Tam Provisions and Whistleblower Awards
Private individuals may bring civil actions on behalf of the Commonwealth. If the action succeeds:
- If the Virginia Attorney General intervenes, the whistleblower receives 15% to 25% of the recovered amount
- If the whistleblower prosecutes the case without government intervention, the award increases to 25% to 30%
Penalties
Violators may be ordered to pay:
- Up to three times the actual harm to the state
- Civil fines for each violation
Anti-Retaliation Protections
The Act prohibits employers from discharging, threatening, or retaliating against whistleblowers who file qui tam actions. Successful retaliation claimants may receive reinstatement with full seniority status, compensation for special damages, litigation costs, and reasonable attorney's fees.
Filing Deadlines
Qui tam complaints must generally be filed within six years of the violation. In certain circumstances, the deadline may be extended to up to ten years.
Additional Whistleblower Protections
Virginia has several other statutes that protect employees who report specific types of wrongdoing.
Occupational Safety and Health
Under Va. Code 40.1-51.2:1, employers cannot retaliate against employees who file safety or health complaints, testify in safety proceedings, or exercise rights under workplace safety law. Complaints must be filed with the Virginia Department of Labor and Industry (DLI), Virginia Occupational Safety and Health (VOSH) within 60 days. Remedies include injunctive relief, reinstatement with back pay and interest, and other appropriate relief.
Workers' Compensation
Under Va. Code 65.2-308, employers cannot discharge employees for filing or intending to file a workers' compensation claim, or for testifying or intending to testify in a workers' compensation proceeding. Claims must be filed within two years. Remedies include injunctive relief, reinstatement with back pay and interest, actual damages, attorney's fees, and other appropriate relief.
Asbestos, Lead, and Home Inspection Contractors
Under Va. Code 54.1-515, employers cannot retaliate against employees who file complaints or cooperate with government agencies enforcing laws related to asbestos, lead, or home inspection contractors. Violations may result in criminal penalties: a Class 1 misdemeanor for the first two violations and a Class 6 felony for a third or subsequent violation within three years. Civil penalties up to $1,000 for initial violations and $5,000 for subsequent violations also apply.
Nursing and Assisted Living Facilities
Under Va. Code 63.2-1730 and 63.2-1731, assisted living facilities, adult day care centers, and child welfare agencies cannot retaliate against individuals who assert rights under federal or state law, assist others in asserting such rights, cooperate with government agencies, or report the abuse or neglect of a child or adult in good faith.
How to File a Whistleblower Complaint in Virginia
Filing a Lawsuit Under the Whistleblower Protection Law
Employees who experience retaliation may file a lawsuit in the appropriate Virginia court within one year of the retaliatory action. No administrative filing is required before pursuing a lawsuit.
Filing with the Department of Labor and Industry
For workplace safety retaliation, contact the Virginia Department of Labor and Industry at (804) 371-2327. Complaints must be filed within 60 days of the retaliatory action.
Filing a Qui Tam Action
For fraud claims under the Virginia Fraud Against Taxpayers Act, complaints are filed under seal in state court and served on the Virginia Attorney General, who determines whether to intervene.
Practical Tips for Virginia Whistleblowers
- Be aware that the general whistleblower law has a one-year statute of limitations, while workplace safety complaints have an even shorter 60-day deadline.
- Reports must be made in good faith to qualify for protection.
- If refusing an employer directive, inform the employer of your reason for the refusal to preserve your protection.
- Document all reports and communications in writing.
- Consult an employment attorney experienced in Virginia whistleblower law to determine which statutes apply to your situation.
More Virginia Laws
Frequently Asked Questions
Does Virginia's whistleblower law protect private sector employees?
Yes. Since July 1, 2020, Virginia Code 40.1-27.3 provides broad whistleblower protections for both private and public sector employees, including full-time and part-time workers. This was a significant expansion from prior law, which offered limited protections for private sector workers.
Can I file a qui tam lawsuit in Virginia?
Yes. The Virginia Fraud Against Taxpayers Act allows private citizens to file qui tam lawsuits on behalf of the Commonwealth against entities that defraud the state. If successful, whistleblowers can receive between 15% and 30% of the recovered funds.
How long do I have to file a whistleblower retaliation claim in Virginia?
Under the general whistleblower law (Va. Code 40.1-27.3), you have one year from the retaliatory action. Workers' compensation retaliation claims have a two-year deadline. Occupational safety complaints must be filed within 60 days. Qui tam lawsuits must generally be filed within six years of the violation.
Am I protected if I report a violation only to my supervisor?
Yes. Unlike some states, Virginia's 2020 whistleblower law specifically protects employees who report violations to a supervisor, not just to external governmental bodies or law enforcement. The report must be made in good faith.
What remedies are available for whistleblower retaliation in Virginia?
Under the general whistleblower law, you can seek injunctive relief, reinstatement, lost wages and benefits with interest, and reasonable attorney's fees. The Fraud and Abuse Whistleblower Protection Act adds civil penalties of $500 to $2,500 against violating employers.
Updates
Governing law re-checked for recent changes
The Law Behind This Article
This article rests on 10 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Code of Virginia, Title 2.2: Administration of Government
§ 2.2-3010DefinitionsIn force
As used in this chapter: "Abuse" means an employer's or employee's conduct or omissions that result in substantial misuse, destruction, waste, or loss of funds or resources belonging to or derived from federal, state, or local government sources. "Appropriate authority" means a federal, state, or local agency or organization having jurisdiction over criminal law enforcement, regulatory violations, professional conduct or ethics, or abuse; or a member, officer, agent, representative, or supervisory employee of the agency or organization. The term also includes the Office of the Attorney General, the Office of the State Inspector General, and the General Assembly and its committees having the power and duty to investigate criminal law enforcement, regulatory violations, professional conduct or ethics, or abuse. "Employee" means any person who is regularly employed full time on either a salaried or wage basis, whose tenure is not restricted as to temporary or provisional appointment, in the service of and whose compensation is payable, no more often than biweekly, in whole or in part, by a governmental agency.
Official text (excerpt) · as of 2026-07-29 · Read the full section at law.lis.virginia.gov
§ 2.2-3010.1Discrimination and retaliatory actions against citizen whistle blowers prohibited; good faith required; other remediesIn force
A. No governmental agency may threaten or otherwise discriminate or retaliate against a citizen whistle blower because the whistle blower is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry by an appropriate authority or in a court action. B. To be protected by the provisions of this chapter, a citizen of the Commonwealth who discloses information about suspected wrongdoing or abuse shall do so in good faith and upon a reasonable belief that the information is accurate. Disclosures that are reckless or that the citizen knew or should have known were false, confidential by law, or malicious shall not be deemed good faith reports and shall not be protected. C. Any citizen whistle blower disclosing information of wrongdoing or abuse under this chapter where the disclosure results in a recovery of at least $5,000 may file a claim for reward under the Fraud and Abuse Whistle Blower Reward Fund established in § 2.2-3014. D. Except for the provisions of subsection F of § 2.2-3011, nothing in this chapter shall be construed to limit the remedies provided by the Virginia Fraud Against Taxpayers Act (§ 8.01-216.1 et seq.).
Official text (excerpt) · as of 2026-07-29 · Read the full section at law.lis.virginia.gov
§ 2.2-3011Discrimination and retaliatory actions against whistle blowers prohibited; good faith required; remediesIn force
A. No employer may discharge, threaten, or otherwise discriminate or retaliate against a whistle blower whether acting on his own or through a person acting on his behalf or under his direction. B. No employer may discharge, threaten, or otherwise discriminate or retaliate against a whistle blower, in whole or in part, because the whistle blower is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry by an appropriate authority or in a court action. C. To be protected by the provisions of this chapter, an employee who discloses information about suspected wrongdoing or abuse shall do so in good faith and upon a reasonable belief that the information is accurate. Disclosures that are reckless or the employee knew or should have known were false, confidential by law, or malicious shall not be deemed good faith reports and shall not be protected. D. In addition to the remedies provided in § 2.2-3012, any whistle blower may bring a civil action for violation of this section in the circuit court of the jurisdiction where the whistle blower is employed.
Official text (excerpt) · as of 2026-07-29 · Read the full section at law.lis.virginia.gov
Code of Virginia, Title 40.1: Labor and Employment
§ 40.1-27.3Retaliatory action against employee prohibitedIn force
A. An employer shall not discharge, discipline, threaten, discriminate against, or penalize an employee, or take other retaliatory action regarding an employee's compensation, terms, conditions, location, or privileges of employment, because the employee: 1. Or a person acting on behalf of the employee in good faith reports a violation of any federal or state law or regulation to a supervisor or to any governmental body or law-enforcement official; 2. Is requested by a governmental body or law-enforcement official to participate in an investigation, hearing, or inquiry; 3. Refuses to engage in a criminal act that would subject the employee to criminal liability; 4. Refuses an employer's order to perform an action that violates any federal or state law or regulation and the employee informs the employer that the order is being refused for that reason; or 5. Provides information to or testifies before any governmental body or law-enforcement official conducting an investigation, hearing, or inquiry into any alleged violation by the employer of federal or state law or regulation. B. This section does not: 1.
Official text (excerpt) · as of 2026-07-29 · Read the full section at law.lis.virginia.gov
§ 40.1-51.2Rights and duties of employeesIn force
(a) It shall be the duty of each employee to comply with all occupational safety and health rules and regulations issued pursuant to this chapter and any orders issued thereunder which are applicable to his own action and conduct. (b) Employees or their representatives may bring to the attention of their employer any hazardous conditions that exist or bring the matter to the attention of the Commissioner or his authorized representative, without first bringing the matter to the attention of their employer. Upon receipt of any complaint of hazardous conditions, the Commissioner or his authorized representative shall cause an inspection to be made as soon as practicable. Within two working days after making the oral complaint the employee or the employee representative shall file a written complaint with the Commissioner on a form prescribed by the Commissioner, if at that time, the Commissioner or his authorized representative has not caused the hazardous condition to be corrected. A copy of such written complaint shall be made available to the employer by the Commissioner at the time of such inspection.
Official text (excerpt) · as of 2026-07-29 · Read the full section at law.lis.virginia.gov
§ 40.1-51.2:1Discrimination against employee for exercising rights prohibitedIn force
No person shall discharge or in any way discriminate against an employee because the employee has filed a safety or health complaint or has testified or otherwise acted to exercise rights under the safety and health provisions of this title for themselves or others.
Official text (excerpt) · as of 2026-07-29 · Read the full section at law.lis.virginia.gov
Code of Virginia, Title 54.1: Professions and Occupations
§ 54.1-515Employer discrimination; penaltyIn force
Any employer who discriminates against or otherwise penalizes an employee who complains to or cooperates with the Board or any other governmental agency in administering this chapter is subject to the penalties in § 54.1-517.
Official text (excerpt) · as of 2026-07-29 · Read the full section at law.lis.virginia.gov
Code of Virginia, Title 63.2: Welfare (Social Services)
§ 63.2-1730Retaliation or discrimination against complainantsIn force
No assisted living facility, adult day center or child welfare agency may retaliate or discriminate in any manner against any person who (i) in good faith complains or provides information to, or otherwise cooperates with, the Department or any other agency of government or any person or entity operating under contract with an agency of government, having responsibility for protecting the rights of residents of assisted living facilities, participants in adult day centers or children in child welfare agencies, (ii) attempts to assert any right protected by state or federal law, or (iii) assists any person in asserting such right.
Official text (excerpt) · as of 2026-07-29 · Read the full section at law.lis.virginia.gov
§ 63.2-1731Retaliation against reports of child or adult abuse or neglectIn force
No assisted living facility, adult day center or child welfare agency may retaliate in any manner against any person who in good faith reports adult or child abuse or neglect pursuant to Chapter 15 (§ 63.2-1500 et seq.) of this title or Article 2 (§ 63.2-1603 et seq.) of Chapter 16 of this title.
Official text (excerpt) · as of 2026-07-29 · Read the full section at law.lis.virginia.gov
Code of Virginia, Title 65.2: Workers' Compensation
§ 65.2-308Discharge of employee for exercising rights prohibited; civil action; reliefIn force
A. No employer or person shall discharge an employee solely because the employee intends to file or has filed a claim under this title or has testified or is about to testify in any proceeding under this title. The discharge of a person who has filed a fraudulent claim is not a violation of this section. B. The employee may bring an action in a circuit court having jurisdiction over the employer or person who allegedly discharged the employee in violation of this section. The court shall have jurisdiction, for cause shown, to restrain violations and order appropriate relief, including actual damages and attorney's fees to successful claimants and the rehiring or reinstatement of the employee, with back pay plus interest at the judgment rate as provided in § 6.2-302.
Official text (excerpt) · as of 2026-07-29 · Read the full section at law.lis.virginia.gov
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Sources and References
- Va. Code 40.1-27.3 - Retaliatory action against employee prohibited(law.lis.virginia.gov).gov
- Va. Code 2.2-3011 - Fraud and Abuse Whistleblower Protection Act(law.lis.virginia.gov).gov
- Va. Code 2.2-3010.1 - Citizen whistleblower protections(law.lis.virginia.gov).gov
- Va. Code 40.1-51.2:1 - Occupational Safety and Health protections(law.lis.virginia.gov).gov
- Va. Code 65.2-308 - Workers' Compensation retaliation protections(law.lis.virginia.gov).gov
- Va. Code 54.1-515 - Asbestos, Lead, and Home Inspection protections(law.lis.virginia.gov).gov
- Va. Code 63.2-1730 - Nursing and Assisted Living Facility protections(law.lis.virginia.gov).gov
- Va. Code 63.2-1731 - Abuse and neglect reporting protections(law.lis.virginia.gov).gov