Alabama. Maybe, if discharge is "outrageous conduct." Ala. Code (1975) 25-5-11.1; Gold Kist v. Griffin, 657 So.2d 826, 829 (1994); but see Grant v. Butler, 590 So. 2d 254 (Ala. 1991) (OSHA remedy adequate). SOL 2 years.
Alaska. Yes. Alaska Whistleblower Act § 39.90.100-150 (2006). Knight v. American Guard and Alert, Inc., 714 P.2d 788, 791-92 (1986). SOL 2 years, AS 09.10.070.
Arizona. Yes. ARS 23-1501. SOL 10 days for state employees; unknown for other employees. Also, the Arizona Division of Occupational Health and Safety ("ADOSH") can receive complaints of retaliation in violation of ARS 23-425(A). The time limit to file this type of complaint is thirty (30) days. See also, Wagenseller v. Scottsdale Memorial Hospital, 147 Ariz. 370, 710 P.2d 1025, 1035 (Ariz. 1985) (tort claim allowed for refusal to engage in illegality).
Arkansas. Maybe. Arkansas Whistle-Blower Act § 21-1- 601 (for public employees). MBM Co. v. Counce, 596 SW2d 681 (1980) (contract claim for violation of public policy); Webb v. HCA Health Serv., 780 S.W.2d 571 (Ark. 1989) (tort claim for refusal to falsify medical records used in billing government); but see Newton v. Brown & Root, 658 SW2d 370 (1983) (claim disallowed when plaintiff violated safety rule because employer did not provide safe working conditions). SOL 180 days for public employees.
California. Yes. Jenkins v. Family Health Program, 214 Cal. App. 3d 440, 262 Cal. Rptr. 798 (1989); Hentzel v. Singer Co., 138 Cal. App. 3d 290, 188 Cal. Rptr. 159 (1982). SOL 1 year. See also, Health and Safety Code, Section 1278.5 (prohibiting retaliation by health care providers).
Colorado. Maybe. Martin Marietta Corp v. Lorenz, 823 P.2d 100, 108 (1992) (public policy tort allowed for refusing to engage in illegality); but see Corbin v. Sinclair Marketing, 684 P.2d 265 (Colo. App. 1984) (disallowing claim when statute provides another remedy); Miles v. Martin Marietta Corp., 861 F. Supp. 73 (D. Colo. 1994) (OSHA remedy adequate). SOL 2 years.
Connecticut. Yes. Conn. General Statutes 31-51m (1982). 90 day SOL. Faulkner v. United Technologies Corp., 240 Conn. 576, 693 A.2d 293 (Conn. 1997) (claim allowed for refusing to defraud U.S. Army by using defective helicopters parts); but see Burnham v. Karl & Gelb, P.C., 1997 WL 133399 *5-6 (Conn. Super. Ct. 1997).
Delaware. Yes. 29 Del. § 5115 (for public employees); Delaware Whistleblowers' Protection Act, 19 Del. § 1701. SOL 90 days for public employees; 3 years for general statute.
District of Columbia. Yes. Adams v. George W. Cochran & Co., 597 A.2d 28 (1991); Carl v. Children's Hosp., 702 A.2d 159 (D.C. 1997); Liberatore v. Melville Corp., 168 F.3d 1326 (D.C. Cir. 1999). SOL 3 years, per D.C. Code Section 12-301(8). District of Columbia employees are protected by DC Official Code § 1-615.51 et seq. Employees of DC contractors and instrumentalities are protected by DC Official Code § § 2–223.02 et seq. SOL for these statutes is 1 year.
Florida. Yes. Fla. Stat. 448.101-105 (1991); 112.3187 (public employees); 39.203 (child abuse reports); 415.1036 (nursing home reports). SOL 4 years for tort claims, unknown for public employee claims.
Georgia. O.C.G.A. § 45-1-4 (public employees, SOL 1 year from discovery, or 3 years from the retaliatory act, whichever is sooner) and O.C.G.A. § 9-11-11.1 (free speech and right of petition); Georgia Taxpayer Protection False Claims Act, O.C.G.A. 23-3-120, and sequence (SOL 3 years); Georgia Equal Employment for Persons With Disabilities Code, O.C.G.A. § 34-6A-5 (SOL 180 days); for making sex discrimination complaints, O.C.G.A. § 34-5-3(c) (SOL 1 year). No private sector tort claim. Taylor v. Foremost-McKesson, Inc., 656 F.2d 1029 (1981).
Hawaii. Yes. HRS 378-63(9). 90 day SOL. Norris v. Hawaiian Airlines, Inc., 842 P.2d 634 (Haw. 1992) (tort claim allowed for refusing to falsify airline maintenance records in violation of FAA regulations), aff'd sub nom. Hawaiian Airlines, Inc. v. Norris, 512 U.S. 246 (1994).
Idaho. Yes. Idaho Protection of Public Employees1 Act, Idaho Code § 6-2101, and sequence; Jackson v. Minidoka, 563 P.2d 54 (1977). SOL 180 days.
Illinois. Yes. Fredrick v. Simmons Airlines, Inc., 144 F.3d 500, 504-05 (7th Cir. 1998). SOL 5 years, per appellate decision. Palmateer v. International Harvester Company, 85 Ill.2d 124, 421 N.E.2d 876 (1981) (reporting to and cooperating with law enforcement). Illinois Whistleblower Act, 740 ILCS 174/1, Section 20.
Indiana. Yes. Frampton v. Central Indiana Gas Co., 297 N.E.2d 425, 428 (1973); McClanahan v. Remington Freight Lines, Inc., 517 N.E.2d 390 (Ind. 1988) (refusing to drive truck over legal weight limit). SOL 2 years, but consider IOSHA's reputation for administrative enforcement.
Iowa. Yes. Financial and Other Provisions for Public Officers and Employees, § 70A.28 (for public employees). Fogel v. Trustees, 446 N.W.2d 451, 455 (1989); Borschel v. City of Perry, 512 N.W.2d 565, 567 (Iowa 1994) (referring to refusal "to commit an unlawful act" as one basis for wrongful-discharge claim); Fitzgerald v. Salsbury Chem., Inc., 613 N.W.2d 275, 280 (Iowa 2000) (refusal to commit perjury protected). SOL 5 years, Iowa Code, Section 614.1.
Kansas. Yes. Kansas Whistleblower Act, K.S.A. § 75-2973 (for public employees). SOL 90 days for public employees. Protection for reporting violations at health care facilities, K.S.A. § 65-4928. Flenker v. Willamette Industries, Inc., 967 P.2d 295, 298 (1998) (no OSHA preemption).
Kentucky. Yes. KRS § 61.101, and sequence (for state employees). KRS § 216B.165 for health care whistleblowers. Public policy claim recognized in Firestone Textile co. v. Meadows, 666 SW2d 730 (1984); Follett v. Gateway Reg. Health System, Inc., 229 S.W.3d 925 (Ky. App. 2007); but not allowed when the statute provides its own remedy. Grzyb v. Evans, 700 SW2d 399 (1985). SOL 90 days for state employees using the statutory claim; SOL 5 years for others.
Louisiana. Yes for environmental complaints. LSA RS 23:967. However, for non-environmental complaints, employee must prove the underlying violation or face an employer claim for attorney fees. LSA RS 967(D). SOL 1 year.
Maine. Yes. 26 MRSA 831-840. SOL 6 months for complaint to Maine Human Rights Commission; 2 years for court action (which has fewer remedies).
Maryland. Maybe. Maryland Whistleblower Law in the Executive Branch of State Government, § 5-305 (for state employees). Public policy tort is recognized. Adler v. American Standard Corp., 538 F.Supp. 572 (D.Md 1982); Kessler v. Equity Management, Inc., 82 Md.App. 577, 572 A.2d 1144 (1990) (refusal to commit trespass and invasion of privacy). Exception, though, if the statute provides its own remedy. Gaskins v. Marshall Craft Associates, Inc., 678 A.2d 615, 620 (Md. App. 1996). SOL 6 months for state employees using statutory claim; SOL 3 years for private tort claims. See also, MD Code, Criminal Law, 9-303 (prohibiting retaliation against those who report crimes); Maryland's Health Care Worker Whistleblower Protection Act, MD Code, Health Occupations Article, Sections 1-501 through 1-505 (SOL 1 year); MD Code, Labor & Employment Law, Section 5-604 (occupational health and safety, and misuse of healthcare information, SOL 30 days); Maryland’s Equal Pay for Equal Work law, Md. Lab. & Empl. Code Ann. § 3-304.1 (prohibition against retaliation for making a claim of wage discrimination); MD Code, Labor & Employment Law, Section 3-308 (protection for making wage claims); MD Code, Labor & Employment Law, Section 9-1105 (workers compensation claims); MD Code, State Finance and Procurement, Section 11-303 (employees of state contractors).
Massachusetts. Yes. DeRose v. Putnam Management Co., Inc., 496 N.E.2d 428 (1986) (refusing to testify falsely at criminal trial). SOL 3 years. Statutory claims for public employees, medical whistleblowers, and nursing home professionals have an SOL of 2 years. M.G.L. c. 149 Sec 185(d). Employees can pursue the common law claim, or the statutory claim, but not both. M.G.L. c. 149 Sec 185(f).
Michigan. Yes. MCLA c.149, Sec. 185. SOL 90 days. Trombetta v. Detroit, T. & I. R.R., 265 N.W.2d 385 (Mich. Ct. App. 1978) (tort claim allowed for refusing to falsify pollution control records in violation of state law).
Minnesota. Yes. MSA 181.932. SOL 2 years.
Mississippi. Yes. Protection of Public Employee from Reprisal for Giving Information to Investigative Body or Agency, Miss. Code Ann. § 25-9-171 (for state employees). McArn v. Allied Bruce-Terminix Co., 626 So.2d 603, 607 (1993). SOL unknown.
Missouri. Maybe. Public Officers and Employees, Miscellaneous Provisions, § 105.055 R.S. Mo. (1 year SOL). Private sector tort claims have been preempted by § 285.575 R.S. Mo. SOL 5 years. Claims may be preempted by other available statutory remedies. See Trapp v. Von Hoffman Press, Inc., 2002 WL 1969650 (June 12, 2002); Osborn v. Professional Service Industries, Inc., 872 F.Supp. 679 (W.D.M. 1994)
Montana. Yes. Wrongful Discharge from Employment Act (WDEA), RCM 39-905, and sequence. Employees must exhaust employer grievance process. Employers can require binding arbitration. 1 year SOL.
Nebraska. Yes. Public policy exception recognized. Schriner v. Meginnis Ford Co., 421 N.W.2d 755 (1988). State employees are covered by the State Government Effectiveness Act- R.R.S. Neb. § 81-2701. SOL 4 years.
Nevada. Yes. Hansen v. Harrah's, 675 P.2d 394 (1994). SOL 2 years, Ch. 11.190.
New Hampshire. Yes. Whistleblowers' Protection Act, NHRSA 275-E (1987). SOL is 3 years. Employees must first report violation to employer. The whistleblowers' statute provides that an employee who alleges a violation of rights must make a reasonable effort to maintain or restore such rights through any grievance procedure or similar process available at the employee's place of employment. The employee may then obtain a hearing with the Commissioner of Labor or a designee appointed by the Commissioner. The time for filing a grievance or similar action under an agency grievance procedure or similar process will be found in such procedure or process. Wrongfully discharged employees also have a tort claim. Porter v. City of Manchester, 849 A.2d 103, 113 (N.H. 2004). Government employees are protected by NHRSA 98-E when they experess opinions about any government entity or policy. SOL unknown.
New Jersey. Yes. Conscientious Employee Protection Act (CEPA), NJSA 34:19, 1 year SOL; Cerrachio v. Alden Leeds, Inc., 223 N.J. Super. 435, 538 A. 2d 1292 (1988); and Lepore v. National Tool and Mfg. Co., 224 N.J. Super. 463, 540 A. 2d 1296 (1988); Tartaglia v. UBS PaineWebber, Inc., 197 N.J. 81, 961 A.2d 1167 (2008).
New Mexico. Yes. Weidler v. Big J Enterprises, 953 P.2d 1089 (NM App. 1997) (no OSHA preclusion). Whistleblower Protection Act, N.M. Stat. Ann. § 10-16C-1, and sequence (2 year SOL); Occupation Health and Safety, N.M. Stat. Ann. § 50-9-25 (private sector). SOL 30 days for administrative complaint; 3 years for tort claim.
New York. Yes. Labor Law Sections 740 and 741. Violation must ordinarily be reported to supervisor. 1 year SOL. A separate health care whistleblower law protects reporting violations based on a good faith belief, and allows a 2 year SOL.
North Carolina. Yes. Retaliatory Employment Discrimination Act (REDA), N.C.G.S. § 95-240, and sequence. SOL 180 days. Public policy tort claim also available: Sides v. Duke Hosp., 328 S.E.2d 818 (1985); Salter v. E & J Healthcare, Inc., 155 N.C. App. 685, 693-694, 575 S.E.2d 46, 51-52 (2003). SOL 3 years.
North Dakota. In part. NDCC 34-01-20. SOL 90 days. Backpay limited to two years.
Ohio. Yes. Kulch v. Structural Fibers, Inc., 78 Ohio St. 3d 134, 677 N.E. 2d 308, 1997-Ohio-219; Sabo v. Schott, 1994 Ohio 249, 70 Ohio St. 3d. 527, 639 N.E.2d 783 (refusal to commit perjury). SOL 30 days for public employees to file administrative appeal with State Personnel Board of Review (R.C. 124.341(D)); 4 years for tort claims (R.C. 2305.09(D)); perhaps as long as 6 years for nursing home employee claims (R.C. 3721.24).
Oklahoma. Yes. Burk v. K-Mart Corp., 770 P.2d 24 (1989); Todd v. Frank's Tong Service, Inc., 1989 OK 121, ¶ 12, 784 P.2d 47 (refusing to drive truck with defective brakes, headlights, and turn signals, in violation of state law). Oklahoma Whistleblower Act, 74 Okl. St. § 840-2.5; Oklahoma Personnel Act, 74 Okl. St. § 8401.2 (for state employees). SOL for state employee complaints to Oklahoma Merit Protection Commission is 60 days; SOL for tort claims against municipalities, 1 year. SOL for private personal injury tort claims is 2 years.
Oregon. ORS 659a 199 protects employees who complain about violation of state or federal law, regulation or rule. Also ORS 659.230 protects whistleblowers in the public sector. General public policy claim recognized. Delaney v. Taco Time Int'l, Inc., 297 Or. 10, 681 P.2d 114 (1984) (refusal to sign a false and defamatory statement); Anderson v. Evergreen International Airlines, Inc., 131 Or. App. 726, 886 P.2d 1068 (1994), rev. denied, 320 Or. 749 (1995) (refusing to use defective parts in defendant's aircraft, and refusing to cover up safety violations); Babick v. Oregon Arena Corp., 333 Or. 401, 407, 40 P.3d 1059 (2002). But exception applies if the law provides another adequate remedy. Walsh v. Consolidated Freightways, 278 Or. 347, 563 P.2d 1205 (1977) (OSHA remedy adequate).
Pennsylvania. Maybe. Public policy tort recognized where employee has duty to report or shows actual violation. Geary v. U.S. Steel Corp., 319 A.2d 174, 180 (1974); Woodson v. AMF Leisureland Centers, Inc., 842 F.2d 699 (3d Cir. 1988) (applying Pennsylvania law) (discharging bartender for refusing to serve visibly intoxicated patron, in violation of state liquor code); Strange v. Nationwide Mutual Ins. Co., 867 F. Supp. 1209, 1218-19 (E.D. Pa. 1994) (applying Pennsylvania law and protecting a refusal to engage in illegal "redlining"); Dugan v. Bell Telephone of Pennsylvania, 876 F. Supp. 713, 725-26 (W.D. Penn. 1994) (applying Pennsylvania law; protecting a refusal to participate in destruction of records subpoenaed by state legislature). Applied to reporting nuclear safety issues. Field v. Phil. Elec. Co., 565 A.2d 1170 (1989). Whistleblower Law, 43 P.S. § 1421 (for public employees). SOL 180 days for public employees; SOL unknown for private sector.
Rhode Island. Yes. RI Gen. Law 28-50-1, and sequence. 3-year SOL.
South Carolina. Yes. General public policy tort recognized at Ludwick v. Minute of Carolina, Inc., 337 S.E.2d at 215 (1985). SOL 3 years.
South Dakota. Yes. Niesent v. Homestake Mining Co., 505 N.W.2d 781 (contract claim); Bass v. Happy Rest, Inc., 507 N.W. 317 (1993) (tort claim may be recognized). State employee grievance procedure is at S.D. Codified Laws § 3-6A-52. SOL unknown.
Tennessee. Yes. Tenn. Code 50-1-304. SOL 1 year. In 2014, the state legislature nullified the tort claim previously recognized in Reynolds v. Ozark Motor Lines, Inc., 887 S.W.2d 822 (Tenn. 1994) (refusing to violate laws requiring trucks be inspected for safety violations before driving); and Webb v. Nashville Area Habitat for Humanity, Inc., 346 S.W.3d 422, 437 (Tenn. 2011).
Texas. Tort claim only for refusing to perform an illegal act. Winters v. Houston Chronicle Publishing Co., 795 S.W. 2d 723 (1990); Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985); Nguyen v. Technical and Scientific Application, Inc., 981 S.W.2d 900 (Tex. Ct. App. 1998) (refusing to violate federal criminal copyright laws). SOL 2 years. Statutes protect jury service (CPRC § 122.001, SOL 2 years from jury service); attending political convention (ELEC § 161.007); complaints by agricultural laborers (AGRIC § 125.013(b)); complying with a subpoena (LAB § 52.051); opposing discrimination or participating in proceedings against discrimination (LAB § 21.055, SOL 180 days for filing complaint, 60 to file suit after getting notice of right to file, and 2 years from filing complaint to file lawsuit, LAB §§ 21.202, 21.254, 21,256); participating in general emergency evacuation (LAB § 22.002), commencing or participating in a complaint about hazard communications (H&SC § 502.017(c)); following orders of state military for dty or training (GOVT § 437.204); good faith reports to DWC Division of Workers' Health and Safety telephone hotline (LAB 411.082, SOL 90 days); union membership or non-membership (LAB § 101.052); good faith filing of a workers compensation claim, or hiring an attorney for the claim (LAB § 451.001, SOL 2 years, CPRC § 16.003(a)); filing a workers compensation health care network complaint (INS § 1305.404); having a child support order (FAM § 158.209); having a spousal support order (FAM § 8.208); good faith report of child abuse or neglect (FAM § 261.110); complaint or grievance against an assisted care facility (H&SC § 247.068); reporting illegal activity at a hospital, mental health or treatment facility (H&SC §§ 161.134, 161.135, SOL 180 days, H&SC § 161.134(h)); good faith reports of possible abuse, neglect or exploitation of individuals receiving community based services (HumRes § 48.257); reporting abuse or neglect of an individual with intellectual disabilities at an intermediate care facility (HumRes §252.132, SOL 90 days); initiating or assisting a Medicaid fraud investigation (HumRes § 36.115); reporting illegal activity or conditions (within 180 days of the violation) at a nursing home (H&SC § 260A.014, SOL 90 days); reporting a nurse's illegal activity or making a good faith request for a nursing peer review determination (OCC § 301.413); reporting a physician's illegal activity to the Texas Board of Medical Examiners (OCC § 160.012); filing a grievance or making a good faith report of misuse of restraints or seclusion in a health care facility (H&SC § 322.054); reporting illegal activity by a social worker (OCC § 505.603); county employee filing a grievance (LGOVT § 160.006); public employees making a good faith report of illegal activity by their employers or coworkers (GOVT § 554.002, SOL 90 days to file a grievance). Statutes also prohibit employer intimidation about voting (ELEC §§ 276.001, 276.007); blacklisting (LAB §§ 52.031, 52.041(b)); coercion to purchase from specified suppliers (LAB § 52.041); frivolous or unreasonable claims against persons participating in a nursing peer review committee (OCC § 303.009).
Utah. In part. General public policy claim recognized in Hodges v. Gibson Prods. Co., 881 P.2d 151, 166 (1991), applies only for retaliation against complaints to government agencies; no protection for in-house complaints. See also, Peterson v. Browning, 832 P.2d 1280 (Utah 1992) (refusing to falsify tax and customs documents). SOL 4 years.
Vermont. Yes. Payne v. Rozendall, 520 A.2d 586, 588 (1986). SOL unknown.
Virginia. Yes. Va. Code Ann. § 40.1-27.3 (private sector whistleblower law effective July 1, 2020), SOL 1 year. Va. Code Ann. § 40.1-51.2.1 (for workplace safety and health complaints). SOL 60 days to file administrative complaint with Virginia Commission of Labor and Industry. Va. Code Ann. § 65.2-308 (for workers comp claims). Va. Code Ann. § 54.1-515 (concerning asbestos, lead, and home inspection contractors). General tort statute of limitations is 2 years. A civil action for fraud against the state may not be brought (i) more than 6 years after the date on which the violation is committed, or (ii) more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the Commonwealth charged with responsibility to act, but in that event no more than 10 years after the date on which the violation has occurred. Virginia Fraud against Taxpayers Act, Va. Code Ann. § 8.01-216.1.
Washington. Yes, for wrongful discharge only. Warnek v. ABB, 972 P.2d 453, 458 (1999); Hubbard v. Spokane County, 146 Wn. 2d 699, 707, 50 P.3d 602, 611 (2002) (en banc) (director of planning department fired for seeking assistance of county prosecutor to prevent issuance of permit to build new hotel in violation of zoning code and airport master plan). Rev Code Wash. § 42.40.010 et. seq. and § 9.60.210 and 250. SOL 60 days to file administrative complaint with Human Right Commission; 3 years for law suit.
West Virginia. Maybe. General public policy exception to at will employment is reviewed on a case-by-case basis. Tiernan v. Charleston Area Medical Center, 506 S.E.2d 578, 585-86 (1998); Collins v. Elkay Mining Co., 371 S.E.2d 46 (W. Va. 1988) (refusing to falsify mine safety reports and refusing to violate mine safety laws). SOL 2 years.
Wisconsin. Maybe. Narrow exception to at-will employment recognized, but employees must exhaust administrative remedies. Koehn v. Pabst Brewing Co., 763 F.2d 865 (7th Cir. 1985); Kempfer v. Automated Finishing, Inc., 564 N.W.2d 692 (Wis. 1997) (refusing to drive delivery truck without proper licensing). SOL 6 years.
Wyoming. Maybe. Public policy tort recognized, but not if employee is protected by an independent scheme. Hermeck v. UPS, 938 P.2d 863, 866 (1997). State Government Fraud Reduction Act, Wyo. Stat. § 9-11-101, covers state employees. State employees must exhaust administrative remedies, and then bring court action within 90 days of final administrative decision. SOL for private sector employees is 4 years.
If you know of any changes to the law not shown on this chart, let us know.
States for which more work is needed, typically finding the SOL:
AZ, MS, MO, NM, PA, SD, VT
What would happen if you decided to file a state law tort claim, and the court eventually decides that the state claim is preempted by the federal administrative procedure? By the time the court makes this decision, the time limit for a federal administrative complaint (30, 90 or 180 days, depending on the law) would be expired. One court has held that if the state law claim was filed in state court within the time to file the federal administrative complaint, then the complainant can file the Department of Labor complaint after the state court action is dismissed. Turgeau v. Administrative Review Board, 446 F.3d 1052 (10th Cir. 2006). Turgeau, however, had to wait years through repeated Department of Labor dismissals to get this decision. Obviously, it would be best to have the advice of an experienced attorney at the beginning of this process.
To apply for legal services from Richard Renner, call Kalijarvi, Chuzi, Newman & Fitch at 202-331-9260.
The Truckers Justice Center handles cases for truckers nationwide. It may be contacted at: 900 West 128th Street, Suite 101, Burnsville, MN 55337, 651-454-5800, Fax 775.402.7561, http://www.truckersjustice.com/Trucking.shtml
Public Employees for Environmental Responsibility (PEER) conducted a state-by-state survey of laws protecting public employees. Its survey provided much of the useful information on this page.
2000 P Street NW, Suite 240
Washington, DC 20036
(202) 265-7337
Fax: (202) 265-4192
email: info@peer.org
http://www.peer.org/state/index.php
More information?
The OSHA Act is available at:
www.whistleblowers.gov
Researchers can access OALJ decisions in an excellent database at http://www.oalj.dol.gov/.
Other helpful resources include
- the OSHA web page: http://www.osha.gov/
- Local COSH groups (Committee on Safety and Health)
http://www.nycosh.org/health_safety_rights/eleven-c.html
http://www.nycosh.org/where_to_get_help/link-resources.html#anchor565960