A recent Pennsylvania Supreme Court decision has upheld that successful plaintiffs are entitled to non-economic damages under Pennsylvania’s Whistleblower Law, 43 P.S. §§1421-1428 (the “Law”). In Bailets v. Pa. Turnpike Commission, 126 MAP 2016, J-91-2017, Pennsylvania’s high court affirmed an award of $1.6 million in non-economic damages to the plaintiff after finding that the defendant retaliated against him in violation of the Law. Whether non-economic damages are available under the Law was an issue of first impression in Pennsylvania. This decision serves as a cautionary tale to employers that are evaluating liability exposure in cases arising out of the Law.
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