Public Comments for: HB1344 - Employee protection; prohibited retaliation, prohibited nondisclosure & nondisparagement provisions.
Last Name: Ashton Locality: Spotsylvania

I ask you to please fully support HB 1344. It is bad enough to have to go through this experience, but then to also have to worry about losing your job a demotion or any other form of retaliation for speaking up is heartbreaking. You should not have to worry about being penalized for being the victim ever. Thank you for taking the time to read my comments and again I asked you to fully support 1344 as written.

Last Name: Alcorn Locality: Blacksburg

I am currently a college student, and will enter the workforce in a few years. I want to know that my rights to report any wrongdoing, abuse, harassment, etc, are protected by the law, as I know employers can take advantage of these situations. A close friend of mine was greatly wronged by her employer for speaking out about wrongdoing occurring inside her company, something which she would have been protected from if this legislation would have been in place at the time. For myself, and for all other workers in Virginia, I ask that you please affirm your commitments to your constituencies by guaranteeing workers' rights to be free from retaliation in cases like these. Thank you for your time.

Last Name: Hanna Locality: Annandale

Members of House Labor and Commerce Subcommittee 2: Thank you for the opportunity to provide this comment in support of HB 1344. I live in Annandale and I am employment lawyer—a partner at Murphy Anderson PLLC—who has been practicing law in Virginia for 23 years. I have spent my entire career practicing on behalf of Virginia workers, and a large percent of my work is representing Virginia whistleblowers. HB 1344 provides modest, necessary amendments to Virginia's whistleblower and non-disclosure laws. The sum result of these fixes is that employees will more freely be able to disclose illegal activity in the workplace. In other words, if an employer is engaged in potentially illegal activity, the bill makes it especially clear that the public policy of Virginia is that employees should not be retaliated against for disclosure of such activity. This bill does nothing to impede the ability of employers to have and enforce non-disclosure agreements (NDAs) about trade secrets. I note that due to a decision of the National Labor Relations Board in 2023, federal law matches many of the protections that this bill seeks to codify. Specifically, federal law currently prohibits NDAs for most employees. And, the changes to Virginia's whistleblower law match the whistleblower provisions in many federal and state statutes. Since the National Labor Relations Board decision, settlement agreements have not been more difficult to attain. In fact, it has become easier to settle these cases, as practitioners understand that NDAs seeking to hide illegal activity are preemptively illegal. This means there is less to negotiate and the settlement process is more efficient. HB 1344 is important to pass notwithstanding the protections in federal law, as many of these matters are litigated in Virginia state courts, which are more accessible to workers and provide more efficient resolution for both workers and employers. This bill will provide a stable and clear foundation to ensure that Virginia whistleblowers are protected from retaliation for reporting illegal employer practices. Best, Mark Hanna Murphy Anderson PLLC mhanna@murphypllc.com

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