Who must post the Virginia Whistleblower Hotline Poster?
The Virginia Fraud and Abuse Whistle Blower Protection Act requires state government executive branch agencies and independent contractors of government agencies to post the Virginia Whistleblower Hotline Poster to inform employees of the protection set forth in the Fraud and Abuse Whistle Blower Protection Act. (Va. Code § 12.2-3013). The Poster informs employees of the Hotline established to encourage state employees and employees of agency contractors to report fraud, waste and abuse in state government executive branch agencies. The poster provides:
- State Fraud, Waste and Abuse Hotline number
- Email address of the Office of the State Inspector General (OSIG)
- OSIG website
The hotline should be used to report instances of:
- Illegal or fraudulent conduct
- Waste of funds
- Abuse of state property or resources
- Gross mismanagement
- Gross neglect of duty
How does the Fraud and Abuse Whistle Blower Protection Act protect employees?
The Fraud and Abuse Whistle Blower Protection Act (Va. Code § 2.2-3009, et seq.) protects employees from retaliation for reporting wrongdoing or abuse committed by state government executive branch agencies, institutions and independent contractors of governmental agencies. Government agency employers and independent contractors are prohibited from discharging, threatening, or otherwise discriminating or retaliating against a whistleblower for:
- disclosing in good faith, information about suspected wrongdoing or abuse or
- participating in an investigation, hearing, or inquiry by an appropriate authority or in a court action
A Hotline caller will never be asked to provide his or her name when calling the Hotline, nor is the call traceable. If someone is suspected of calling the Hotline, or if the caller is discovered, retaliation is prohibited. Retaliation against anyone for calling the Hotline can also be reported through the grievance process.
A whistleblower who has been unlawfully discharged or experienced discrimination or retaliation in violation of the Act may file a court action against the employer within 3 years of the violation. Present or former employees of the Commonwealth must first exhaust internal reporting procedures prior to filing a court action.