H. B. 2648
(By Delegates Hunt, Martin, Yeager,
Damron and Leach)
[Introduced February 4, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section four, article one, chapter
six-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to civil actions by
whistle-blowers.
Be it enacted by the Legislature of West Virginia:
That section four, article one, chapter six-c of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. WHISTLE-BLOWER LAW.
§6C-1-4. Civil action by whistle-blower for violation;
limitation on actions; burden of proof; defense;
use of evidence in civil service proceeding.
(a) A person who alleges that he or she is a victim of a
violation of this article may bring a civil action in a court of
competent jurisdiction for appropriate injunctive relief or
damages, or both, within one hundred eighty days after the
occurrence of the alleged violation.
(b) An employee alleging a violation of this article must
show by a preponderance of the evidence that, prior to the
alleged reprisal, the employee, or a person acting on behalf of
or under the direction of the employee, had reported or was about
to report in good faith, verbally or in writing, an instance of
wrongdoing or waste to the employer or an appropriate authority:
Provided, That the larceny or other unauthorized taking of an
office file and offering that office file for sale shall not be
the basis of a cause of action and shall bar recovery of any
damage award to the person who commits the larceny or other
unauthorized taking of an office file and offers the sale
thereof.
(c) It shall be a defense to an action under this section if
the defendant proves by a preponderance of the evidence that the
action complained of occurred for separate and legitimate reasons, which are not merely pretexts.
(d) An employee covered by the civil service system who
contests a civil service action, believing it to be motivated by
his or her having made a disclosure of information may submit as
admissible evidence any or all material relating to the action as
whistle-blower and to the resulting alleged reprisal.
NOTE: The purpose of this bill is to deny a cause of action
or an award of monetary damages to any person who commits a
larceny or other unauthorized taking of a public document and
offers that document for sale.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.