COMMITTEE SUBSTITUTE
FOR
H. B. 2648
(By Delegates Hunt, Martin,
Yeager, Damron and Leach)
(Originating in the Committee on the Judiciary)
[March 4, 1999]
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; and prohibiting a cause of action for
an employee who commits larceny or other unauthorized
taking of an employer's document for purpose of selling
such document.
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. An employee may not bring a civil
action under the provisions of this section nor recover any
award of monetary damages where the employee's reporting of or
attempt to report an alleged wrongdoing or waste involves
larceny or other unauthorized taking of the employer's file,
report or other document for the purposes of offering that file, report or other document for sale to another party.
(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.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.