Introduced Version
House Bill 2557 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2557
(By Delegates Kump, Folk, Faircloth, Azinger
and Nelson, J,)
[Introduced February 20, 2013; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business then the Judiciary.]
A BILL to amend and reenact §6C-1-3, §6C-1-4 and §6C-1-7 of the
Code of West Virginia, 1931, as amended, all relating to
whistle-blower law, protecting promotion or increase in
compensation; allowing use of grievance procedure; protecting
use of other right or legal action; and protecting rights
related to political activity and membership in employee
organizations.
Be it enacted by the Legislature of West Virginia:
That §6C-1-3, §6C-1-4 and §6C-1-7 of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
ARTICLE 1. WHISTLE-BLOWER LAW.
§6C-1-3. Discriminatory and retaliatory actions against whistle-
blowers prohibited; promotion, increased compensation
protected.
(a) No employer may discharge, threaten or otherwise discriminate or retaliate against an employee by changing the
employee's compensation, terms, conditions, location or privileges
of employment because the employee, acting on his or her own
volition, or a person acting on behalf of or under the direction of
the employee, makes a good faith report or is about to report,
verbally or in writing, to the employer or appropriate authority an
instance of wrongdoing or waste.
(b) No employer may discharge, threaten or otherwise
discriminate or retaliate against an employee by changing the
employee's compensation, terms, conditions, location or privileges
of employment because the employee is requested or subpoenaed by an
appropriate authority to participate in an investigation, hearing
or inquiry held by an appropriate authority or in a court action.
(c) No employer may deny a whistle-blower a promotion or other
increase in compensation that the whistle-blower otherwise would
have received.
§6C-1-4. Civil action by whistle-blower for violation; limitation
on actions; burden of proof; defense; use of evidence
in civil service proceeding; grievance action
available; other rights and actions not limited.
(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.
(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 the employee 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.
(e) Any whistle-blower who feels he or she has suffered
retaliatory action as a result of being a whistle-blower may pursue
a grievance under the West Virginia Public Employees Grievance
Procedure.
__(f) Nothing in this chapter shall disparage, impair, or limit
any other right or legal action of an employee.
§6C-1-7. Limitations on scope of construction; protections related to political activity and membership in organization
of employees.
(a) The provisions of this article shall not be construed to
require an employer to compensate an employee for participation in
an investigation, hearing or inquiry held by an appropriate
authority or impair the rights of any person under a collective
bargaining or other labor management agreement.
(b) Except when on duty or acting in an official capacity and
except where otherwise prohibited by state or federal law, no
employee may be prohibited from engaging in political activity or
be denied the right to refrain from engaging in political activity.
__(c) No employee may be denied the right to be a member of an
organization of employees or to refrain from being a member of an
organization of employees.
NOTE: The purpose of this bill is to extend or clarify
protections under the state's Whistle-Blower Law.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.