Pennsylvania Whistleblower Law — Protections for Employees Who Report Wrongdoing
Pennsylvania’s Whistleblower Law (43 P.S. § 1421-1428) protects employees of public bodies from retaliation when they report wrongdoing or waste to appropriate authorities. If you work for a Pennsylvania government agency, school district, public university, or any entity receiving public funds, and you were punished for reporting misconduct, this statute provides strong legal protections and remedies.
Who Is Protected
The PA Whistleblower Law protects employees of “public bodies” — defined as any state or local government entity, authority, commission, institution, publicly funded organization, or contractor working on behalf of a public body. This includes state agencies, counties, municipalities, school districts, public universities, public hospitals, transit authorities, and private companies performing work under government contracts.
What Conduct Is Protected
You are protected when you make a good faith report of wrongdoing or waste to an appropriate authority. “Wrongdoing” includes violations of federal, state, or local laws, regulations, or ordinances, corruption, fraud, or criminal conduct, and mismanagement or abuse of authority. “Waste” includes the use of public funds or resources that is careless, unnecessary, or against the public interest.
What Constitutes Retaliation
The statute prohibits discharge, threats, or other forms of discrimination against an employee because they reported wrongdoing or waste. Retaliation includes termination, suspension, demotion, pay reduction, transfer to a less desirable position, denial of promotion, increased scrutiny, and any other action that would dissuade a reasonable employee from reporting.
Filing Deadline and Process
You must file a civil action in the court of common pleas within 180 days of the retaliatory action. There is no administrative prerequisite — you file directly in court. This is a short deadline, so contact an employment lawyer immediately if you believe you have been retaliated against.
Remedies
Reinstatement to your position with the same seniority status, back pay with interest, restoration of full benefits, compensation for litigation costs and attorney’s fees, and actual damages (including emotional distress). The court may also award injunctive relief to prevent further retaliation.
Relationship to Federal Whistleblower Statutes
The PA Whistleblower Law covers public sector employees. Private sector employees may be protected by federal whistleblower statutes including Sarbanes-Oxley, the False Claims Act, Dodd-Frank, and OSHA’s whistleblower provisions — each with different deadlines and remedies. Learn about OSHA whistleblower protections.
The Lacy Employment Law Firm handles whistleblower cases across Philadelphia and Pittsburgh. Call (215) 515-5924 for a free consultation.
