Washington DC Whistleblower Laws
Washington DC Whistleblower Protection Act
The attorneys at The Employment Law Group® law firm have substantial experience litigating high-profile retaliation claims under the D.C. Whistleblower Protection Act (WPA). In 2009, The Employment Law Group® secured a jury verdict of over $282,000 on behalf of a former program director who blew the whistle on fraud in a federally-funded education program. This is one of the largest awards under the D.C. WPA.
What laws protect Whistleblowers employed by D.C. Government Agencies or Contractors?
What activities are protected?
What must a plaintiff prove to prevail?
What is the employer’s burden of proof?
What can a prevailing plaintiff recover?
What are the District Employee’s rights under the WPA?
What are the responsibilities of District Employees, Supervisors, and Agencies under the WPA?
What laws protect Whistleblowers employed by D.C. Government Agencies or Contractors?
The D.C. Whistleblower Protection Act (WPA) forbids a supervisor from retaliating or threatening to retaliate against an employee of the D.C. government or an employee of a D.C. government contractor because of the employee’s protected disclosure or refusal to comply with an illegal order. Employees who suffer retaliation because of their protected disclosures or refusal to obey illegal orders may bring a cause of action in the D.C. Superior Court within one year of the prohibited personnel action.
What activities are protected?
For employees in the public sector, “protected disclosure” means any disclosure of information not specifically prohibited by statute, by any employee to a supervisor or a public body that the employee reasonably believes evidences:
- Gross mismanagement;
- Gross misuse or waste of public resources or funds;
- Abuse of authority in connection with the administration of a public program or the execution of a public contract;
- A violation of any federal, state, or local law, rule, or regulation;
- A violation of any significant contractual terms between the District government and a District government contractor; or
- A substantial and specific danger to the public health, safety, or protection of the environment.
What must a plaintiff prove to prevail?
To prevail in a WPA case, an employee must establish by a preponderance of the evidence that his refusal to comply with an illegal order or his protected disclosure was a contributing factor to an employing agency’s decision to take a prohibited personnel action.
What is the employer’s burden of proof?
If a plaintiff successfully proves by a preponderance of the evidence that his protected activity was a contributing factor in the employer’s decision to take prohibited personnel action, the employing agency must prove by clear and convincing evidence that it would have taken the personnel action if the employee had not engaged in protected conduct.
What can a prevailing plaintiff recover?
The WPA authorizes injunctive relief, reinstatement, restoration of lost benefits, back pay for lost wages, compensatory damages, and litigation costs including attorney’s fees, to a prevailing employee.
What are the District Employee’s rights under the WPA?
District employees have the right to:
- Freely express opinions on public issues;
- Communicate with members of D.C. Council;
- Assemble in public places to discuss matters of personal and public interest;
- Humane, dignified, and reasonable conditions of employment; and
- Individual privacy.
What are the responsibilities of District Employees, Supervisors, and Agencies under the WPA?
Supervisors and employees are obligated to disclose illegal activity as soon as they become aware of such activity. If a supervisor fails to disclose such activity, the supervisor will be subject to disciplinary action. Additionally, if a supervisor retaliates against an employee because an employee engaged in protected conduct, the agency must take disciplinary action against the supervisor.
What should I do if I am thinking about blowing the whistle or believe I have been retaliated against?
Keep a detailed log of your employer’s actions and statements relating to any kind of retaliation, and contact the employment attorneys at The Employment Law Group® law firm at 1-888-826-5260 or inquiry@employmentlawgroup.com to discuss your potential claim.
Washington DC False Claims Act
The D.C. False Claims Act (DC FCA) is similar to the federal FCA, but prohibits fraud involving Washington, D.C. government contracts or programs. .
Which provision of the DC FCA protects whistleblowers?
What compensation can a prevailing employee recover?
What actions by the employer constitute an adverse employment action?
What kind of employee conduct is protected?
Which provision of the DC FCA protects whistleblowers?
Back to top.
The DC FCA includes an anti-retaliation provision that protects whistleblowers from retaliation by their employer. The primary elements of whistleblower retaliation are:
- Employer-Employee Relationship. The plaintiff was an employee of the employer;
- Adverse Employment Action. The plaintiff was fired or experienced another form of adverse employment action; and
- Protected Conduct. The employee’s protected conduct was a substantial factor in the employer’s decision to take the adverse employment action.
What compensation can a prevailing employee recover?
A whistleblower may be rewarded up to 40% of the proceeds recovered under the DC FCA. Additionally, a whistleblower is entitled to reinstatement, compensation for lost wages and benefits with interest, litigation costs, reasonable attorney’s fees, and punitive damages.
What actions by the employer constitute an adverse employment action?
Termination, demotion, suspension, threats, or any other form of discrimination against an employee in the terms and conditions of employment is an adverse employment action.
What kind of employee conduct is protected?
Protected conduct includes:
- Investigating, initiating, testifying for, or assisting in a DC FCA action;
- Reporting illegal or fraudulent activity; or
- Refusing to participate in a scheme to defraud the District government;
What should I do if I am thinking about blowing the whistle or believe I have been retaliated against?
Keep a detailed log of your employer’s actions and statements relating to any kind of retaliation, andcontact the employment attorneys at The Employment Law Group® law firm at 1-888-826-5260 orinquiry@employmentlawgroup.com to discuss your potential claim.
