Maine
Maine Whistleblower Laws: Protections and How to Report
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 8, 2026. · 3 primary sources cited on this page. How we verify our legal content
Maine's Whistleblowers' Protection Act, Me. Rev. Stat. Ann. tit. 26, §833, bars employers from discharging, threatening, or discriminating against employees who in good faith report a violation of law, report unsafe conditions, or refuse to participate in unlawful activity. Claims are filed with the Maine Human Rights Commission within 300 days of the retaliatory action.
A Summary of Maine Whistleblower Laws
Employees in Maine can be discharged from work for any reason or no reason under what is known as the employment-at-will doctrine. However, Maine's legislature has put in place several statutory protections that are used as an exception to this doctrine in order to protect employees from wrongful discharges or unlawful retaliation. While many states have common law protections that are used to protect employees, the state of Maine does not recognize a common law claim for wrongful discharge. This means employers can discharge their employees at will unless the reason for the discharge violates a contractual agreement, statutory provision, or constitutional provision.
This is a summary of Maine Whistleblower Laws, make sure to check out the Federal Whistleblower Laws as well.
Whistleblower Rights in Maine
Whistleblowers Protection Act
Employers are not allowed to discharge, threaten, or in any way discriminate against an employee in retaliation for:
- Reporting in good faith a violation of a law or rule.
- Reporting a practice or condition that can pose a risk to the safety and health of an employee or another individual.
- Participating in an inquiry, investigation, or hearing held by a public body or court.
- Refusing to participate in an activity that would result in a violation of a law or rule and one that poses a safety risk, after asking the employer to correct the violation or dangerous condition.
- Disclosing an act that is below the standard of patient care required by state or federal laws to the employer, the patient involved, appropriate licensing, regulating, or credentialing authority.
Whistleblowers under this act are required to make disclosures either orally or in writing. Also, disclosures should either be made to the employer or relevant public body. Before making a report or disclosure, whistleblowers are required to bring the alleged violation or practice to the attention of the employer and allow the employer reasonable time to make the necessary corrections. However, this is not applicable if the employee reasonably believes that the employer will not correct the problem. Me. Rev. Stat. Ann. tit. 26, §833.
Human Rights Act
It is against the law for an employer to in any way discriminate against an employee in retaliation for opposing discriminatory practices or making a charge, testifying, or assisting in an investigation, proceeding, or hearing under this act. The Human Rights Act prohibits discrimination based on race, color, sex, sexual orientation, physical or mental disability, religion, age, ancestry, or national origin or because an individual has filed a workers' compensation claim. Me. Rev. Stat. Ann. tit. 5, § 4572(1)(E).
Employment Standards in the Forestry Industry and Farming
Employers or other individuals are not allowed to discharge, intimidate, refuse to hire, or in any way discriminate against a forestry worker in retaliation for:
- Filing, instituting, or participating in a proceeding related to the employment standards in the forestry industry.
- Exercising a right endorsed by this statute either on behalf of himself, herself, or others.
- Discussing a subject related to this statute with any person. E.g., the employer, the employer's agent.
- Filing, instituting, or in any way participating in any lawful complaint, lawsuit, or other proceedings.
Me. Rev. Stat. Ann. tit. 26, §644.
Occupational Safety and Health
No person is allowed to discharge or in any way discriminate against an employee in retaliation for:
- Filing a complaint concerning a health or safety hazard.
- Testifying or intending to testify in a proceeding related to the safety and health of employees.
- Exercising a right endorsed by this statute on behalf of himself, herself, or others.
Me. Rev. Stat. Ann. tit. 26, §570.
Public Utility Employees
Supervisors are not allowed to discharge, alter terms of employment, threaten or in any way discriminate against an employee of a public utility or competitive service provider in retaliation for testifying or providing information to a legislative committee or the Public Utilities Commission. Me. Rev. Stat. Ann. tit. 35-A, §1316.
Smoking in Places of Employment
It is considered unlawful for an employer to discharge or in any way discriminate against an employee in retaliation for assisting or participating in the enforcement of this statute. Under this statute, employers are required to establish a written policy for smoking and non-smoking by employees. The policy should prohibit indoor smoking, prevent tobacco smoke from circulating into enclosed areas, and prohibit smoking outside designated smoking areas. Me. Rev. Stat. Ann. tit. 22, §1580-A.
Workers' Compensation
Employers are not allowed to in any way discriminate against an employee in retaliation for filing a workers' compensation claim or testifying on issues concerning claims under this statute. This statute applies to only employers whom the employee has testified or filed a claim against. Discrimination by other employers is covered by the Human Rights Act. Me. Rev. Stat. Ann. tit. 39-A, §353.
Whistleblower Hotlines in Maine
To file complaints under the whistleblower protection act, call the Maine Human Rights Commission at 207.624.6290.
To file a complaint under the Employment Standards in the Forestry Industry and Farming statute, call the Maine Department of Labor at (207) 623-7900.
To file a complaint under the Occupational Safety and Health statute, call the Maine Bureau of Labor Standards at (207) 623-7900.
To file a complaint under the workers' compensation statute, call the Maine Workers' Compensation Board at (888) 801-9087.
Whistleblower Retaliation Claims in Maine
Whistleblowers Protection Act
Whistleblowers are required to file a complaint with the Maine Human Rights Commission within 300 days of the retaliatory actions.
Occupational Safety and Health
Complaints under this statute should be filed with the Maine Bureau of Labor Standards within 30 days of the retaliatory action.
Public Utility Employees
Lawsuits under this statute should be filed with the appropriate court within 90 days of the retaliatory action or after the grievance procedure.
Smoking in Places of Employment
In case of injury, lawsuits under this statute should be filed with the appropriate court within 6 years of the date of injury.
Workers' Compensation
Complaints under this statute should be filed with the Maine Workers' Compensation Board (WCB) within 2 years of the retaliation.
Whistleblower Retaliation and Violation Penalties in Maine
Unless stated otherwise by a statute, employers who carry out unlawful retaliation against an employee may be liable to the aggrieved employee for a combination or any of the following:
- Payment of back wages.
- Reinstatement of full fringe benefits.
- Litigation costs.
- Plus any other relief deemed appropriate by the court.
Employment Standards in the Forestry Industry and Farming
Employers who violate this statute may be liable for a fine ranging from $100 to $1000 for each violation. Also, each day that a violation remains uncorrected may be counted as a separate violation as long as the employer had already received notice to correct the violation.
Smoking in Places of Employment
Violations of this statute may lead to a fine of not more than $100 or not more than $1500 in case of willful violations. The Attorney General may also bring an action in court to enforce this statute and may seek injunctive relief, penalties, and equitable relief.
Workers' Compensation
Employers who carry out unlawful retaliation against an employee may be liable to the aggrieved employee for:
- Reinstatement to the previous job position.
- Payment of back wages.
- Reinstatement of the employee's full fringe benefits.
- Reasonable attorney fees.
More Maine Laws
Updates
Corrected the filing deadline for a Whistleblowers' Protection Act complaint with the Maine Human Rights Commission from six months to the statute's actual 300-day window.
Independently fact-checked against the cited primary sources
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Maine Revised Statutes, Title 26: LABOR AND INDUSTRY, Chapter 7: EMPLOYMENT PRACTICES
§ 833Discrimination against certain employees prohibitedIn forcecited in 3 of our articles
1. Discrimination prohibited. No employer may discharge, threaten or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because: A. The employee, acting in good faith, or a person acting on behalf of the employee, reports orally or in writing to the employer or a public body what the employee has reasonable cause to believe is a violation of a law or rule adopted under the laws of this State, a political subdivision of this State or the United States; [PL 1987, c. 782, §4 (NEW).] B. The employee, acting in good faith, or a person acting on behalf of the employee, reports to the employer or a public body, orally or in writing, what the employee has reasonable cause to believe is a condition or practice that would put at risk the health or safety of that employee or any other individual. The protection from discrimination provided in this section specifically includes school personnel who report safety concerns to school officials with regard to a violent or disruptive student; [PL 1999, c. 351, §7 (AMD).] C.
Official text (excerpt) · last checked 2026-09-10 · Read the full text in our law library · Verify at legislature.maine.gov
Cited in 124 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Stanley v. Hancock County Commissioners (Supreme Judicial Court of Maine 2004, 864 A.2d 169)“…1998 ME 227, ¶ 14 , 719 A.2d 509, 514 ; see also 26 M.R.S.A. § 833(1), (2) (1988 & Supp. 2004). [¶ 12] W…”
- Fuhrmann v. Staples the Office Superstore East, Inc. (Supreme Judicial Court of Maine 2012, 58 A.3d 1083)“…ul employment discrimination. 5 M.R.S. § 4572(1)(A) (2011); 26 M.R.S. § 833(1)(A) (2011). An “employer” includes “a…”
- DiCentes v. Michaud (Supreme Judicial Court of Maine 1998, 719 A.2d 509)“…514 tions, location or privileges of employment.” 26 M.R.S.A. § 833(1) (1988) (emphasis added). The WPA def…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Maine At-Will Employment Laws: Exceptions and Your Rights, Maine Workplace Recording Laws: Employee and Employer Rights (2026)
§ 834-AArbitration before the Maine Human Rights CommissionIn force
An employee who alleges a violation of that employee's rights under section 833, and who has complied with the requirements of section 833, subsection 2, may bring a complaint before the Maine Human Rights Commission for action under Title 5, section 4612. [PL 1987, c. 782, §6 (NEW).]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Stanley v. Hancock County Commissioners (Supreme Judicial Court of Maine 2004, 864 A.2d 169)“…laints about unsafe and illegal employment practices. See 26 M.R.S.A. § 834-A (1988) (authorizing an employee who has…”
- Currie v. Industrial Security, Inc. (Supreme Judicial Court of Maine 2007, 915 A.2d 400)“…omplaint with the Maine Human Rights Commission pursuant to 26 M.R.S. § 834-A (2005), received a right to sue letter…”
- Fuhrmann v. Staples the Office Superstore East, Inc. (Supreme Judicial Court of Maine 2012, 58 A.3d 1083)“…ations pursuant to the procedures outlined in the MHRA, see 26 M.R.S. § 834-A (2011); Me. Human Rights Comm’n, 627…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Maine Revised Statutes, Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES, Part 12: HUMAN RIGHTS, Chapter 337: HUMAN RIGHTS ACT
§ 4612Procedure on complaintsIn force
1. Predetermination resolution; investigation. Upon receipt of such a complaint, the commission or its delegated single commissioner or investigator shall take the following actions. A. The commission or its delegated single commissioner or investigator shall provide an opportunity for the complainant and respondent to resolve the matter by settlement agreement prior to a determination of whether there are reasonable grounds to believe that unlawful discrimination has occurred. Evidence of conduct or statements made in compromise settlement negotiations, offers of settlement and any final agreement are confidential and may not be disclosed without the written consent of the parties to the proceeding nor used as evidence in any subsequent proceeding, civil or criminal, except in a civil action alleging a breach of agreement filed by the commission or a party. Notwithstanding this paragraph, the commission and its employees have discretion to disclose such information to a party as is reasonably necessary to facilitate settlement. The commission may adopt rules providing for a 3rd-party neutral mediation program.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Cited in 48 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Maine Human Rights Commission v. Local 1361, United Paperworkers International Union AFL-CIO (Supreme Judicial Court of Maine 1978, 383 A.2d 369)“…4561 et seq.; 42 U.S.C. §§ 2000e-4(b) et seq. [13] 5 M.R.S.A. § 4612(3); 42 U.S.C. § 2000e-5(b). [14] 5 M…”
- Tomer v. Maine Human Rights Commission (Supreme Judicial Court of Maine 2008, 962 A.2d 335)“…er 2007, the Commission dismissed Tomer’s complaint, citing 5 M.R.S. § 4612 (2007), on the grounds that it lacked j…”
- John Doe v. Regional School Unit 26 (Supreme Judicial Court of Maine 2014, 86 A.3d 600)“…nable grounds to believe discrimination had occurred. See 5 M.R.S. § 4612(1)(B) (2013). The Does, as parents and…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Me. Rev. Stat. tit. 26, § 833: Whistleblowers' Protection Act(legislature.maine.gov).gov
- Me. Rev. Stat. tit. 26, Section 834-A: Whistleblowers' Protection Act complaint procedure(legislature.maine.gov).gov
- Me. Rev. Stat. tit. 5, Section 4612: Maine Human Rights Commission complaint filing deadline (300 days)(legislature.maine.gov).gov