State Employee Whistleblower Protection

Under the Washington State Employee Whistleblower Protection Act, state employees may report suspected improper governmental action, and are protected from retaliation for doing so. RCW 42.40.The state of Washington also provides specific protection for a whistleblower who complains to the Department of Health about the quality of care by a health care provider, or in a health care facility. RCW 43.70.075. As long as the report is made in good faith, it will remain confidential. However, if it is determined that such report was not made in good faith, the department has no obligation to protect the whistleblower’s identity.RCW 43.70.075 provides that retaliation includes, but is not limited to: denial of adequate staff to perform duties, frequent staff changes, frequent or undesirable office changes, refusal to assign meaningful work; unwarranted and unsubstantiated report of misconduct ; letters of reprimand or unsatisfactory performance evaluation; demotion; reduction in pay; denial of promotion; suspension; dismissal; denial of employment; and a supervisor or superior encouraging co-workers to behave in a hostile manner toward the whistleblower. RCW 43.70.075 (2)(b); see also, RCW 42.40.05091)(b) for a list applying to all state employees.Any person who does engage in retaliation may be disciplined up to and including termination from their employment. RCW 43.70.075(3). Under the Whistleblower Protection Act, acts of retaliation by an agency give rise to a rebuttable presumption which the agency may overcome by showing that there were a series of documented personnel problems or a single egregious event, or that the agency actions were justified by reasons unrelated to the employee’s status as a whistleblower. RCW 42.40.050(2).If you suspect improper governmental action; including but not limited to improper quality of care, you are protected, provided that complaint is made in good faith. If you have made such a complaint and believe you are the victim of retaliation, you should speak to an attorney to help you determine your rights.