West Virginia

West Virginia does not have a state False Claims Act. However, those who witness fraud, waste or abuse affecting either the state or federal government can file a whistleblower lawsuit under the qui tam provisions of the federal False Claims Act. Whistleblower provisions in the False Claims Act also protect relators from workplace retaliation resulting from their report. Contact us to learn more about your rights as a whistleblower.

West Virginia Whistleblower News

  • Mine whistleblower alleges wrongful termination
    June 18, 2015 – A Raleigh County mine worker is suing his former employer, alleging wrongful discharge for speaking to state authorities. Donald Eubank filed a lawsuit May 7 in Raleigh Circuit Court against Scott Ratliff and Austin Powder Company, headquartered in Ohio and doing business in West Virginia, alleging retaliatory discharge and seeking injunctive relief. According to the filing, Eubank, hired by the defendant in late March 2011 to work on a Fayette County mine site, was terminated because he spoke to inspectors about hazardous blasting practices at the work site.
  • Manchin Bill Would Protect Whistleblowers in Unsafe W.Va. Mines
    April 23, 2015 – Senator Joe Manchin and Pennsylvania Democratic Senator Bob Casey have introduced comprehensive mine safety legislation to Congress. The bill aims to close loopholes in the 1952 Federal Coal Mine Safety Act and strengthen the Mine Safety and Health Administration’s ability to enforce the rules creates in the law. The legislation would also protect miners who refuse to work in unsafe conditions and extend whistleblower protections to those who report safety violations.
  • West Virginia jury awards hospital whistleblower, lawyers $700K over firing
    August 7, 2014 – MARTINSBURG, West Virginia — A former employee at City Hospital, now known as Berkeley Medical Center, in Martinsburg and her attorneys have been awarded more than $700,000 as a result of a wrongful termination lawsuit. A Berkeley County Circuit Court jury found in May that the hospital acted with malice in terminating Wendy Casto, and awarded $50,000 in punitive damages in addition to $409,549 in back wages, future lost wages and mental/emotional distress, attorney Harry P. Waddell said.
  • State False Claims Act dies in House
    February 25, 2014 – CHARLESTON — West Virginia’s version of the federal False Claims Act, which is designed to provide incentives to whistleblowers who feel government programs are being cheated, died Tuesday in the House of Delegates. The bill would have allowed whistleblowers to bring lawsuits in West Virginia courts against businesses alleged to have submitted false claims for reimbursement to state- and federal-run programs such as Medicaid. It also would have given the state a law compatible with the federal FCA, thus entitling West Virginia to a greater percentage of multi-state recoveries.