Virginia has two main laws protecting whistleblowers. The oldest, the Fraud and Abuse Whistle Blower Protection Act (Act), Virginia Code §§ 2.2-3009 et seq., previously applied only to federal and state agencies before being extended in 2016 to local government employees.

The Act has no application in the private sector.

In 2020, Virginia took a number of steps to increase employee protections, including the adoption of new private sector whistleblower protections. Despite differences in the laws applicable to public and private employers in Virginia, employers in both sectors can chart similar courses to avoid whistleblower lawsuits.

Virginia's Private-Sector Whistleblower Protections in Virginia Code § 40.1-27.3

This law, which is applicable to private sector employers defined whistleblower activities under § 40.1-27.3 to include:

• Reporting, in good faith, suspected violations of federal or state laws or regulations to supervisors, governmental bodies, or law enforcement officials;
• Participating in investigations, hearings, or inquiries upon request of governmental bodies or law enforcement officials;
• Refusing to engage in criminal acts that would subject the employee to criminal liability;
• Refusing to follow an employer's order that violates any federal or state law, provided the employee informs the employer of the reason for the refusal; and
• Providing information to or testifying before governmental bodies or law enforcement officials regarding alleged violations by...

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