Mississippi Whistleblower Laws: Protections and How to Report

Mississippi protects public employees who report improper governmental actions under Miss. Code Ann. sections 25-9-171 through 25-9-177, the state Whistleblower Protection Act. Private-sector employees are not covered by the statute, but may find protection through the McArn common law exception when the reported conduct involves criminal activity.

What Are Mississippi's Whistleblower Laws?

Mississippi's whistleblower laws protect employees who report illegal activity, government waste, or other misconduct from retaliation by their employers. The primary state statute is the Mississippi Whistleblower Protection Act, found in Miss. Code Ann. sections 25-9-171 through 25-9-177. This law specifically shields public employees from reprisal when they provide information or testimony to a state investigative body.

Mississippi is an employment-at-will state, meaning employers can generally terminate employees for any lawful reason or no reason at all. Whistleblower protections serve as an important exception to this rule. Both state statutes and common law court decisions create safeguards for workers who speak up about wrongdoing.

This page covers state-level protections. Make sure to also review Federal Whistleblower Laws that may apply to Mississippi workers.

Who Is Protected Under the Mississippi Whistleblower Protection Act?

The Mississippi Whistleblower Protection Act applies exclusively to public employees. Under Miss. Code Ann. section 25-9-171, an "employee" means any individual employed by or holding office in any department or agency of state or local government. This includes workers at:

• State government agencies and departments
• County and municipal governments
• Public schools and school districts
• State-funded entities and commissions
• Other political subdivisions of the state

Private-sector employees are not covered by this statute. However, they may have other options for protection, including the McArn common law exception and federal whistleblower statutes (discussed below).

What Is a "Whistleblower" Under Mississippi Law?

The statute defines a "whistleblower" as an employee who in good faith:

• Reports an alleged improper governmental action to a state investigative body, starting an investigation
• Provides information to a state investigative body during an ongoing investigation
• Is believed by the employer to have made such a report or provided such information, even if the employee did not actually do so

That third point is significant. An employee who is merely perceived as a whistleblower receives the same legal protection as an employee who actually reported misconduct.

What Counts as "Improper Governmental Action"?

Under Miss. Code Ann. section 25-9-171, "improper governmental action" means any action by a government employee performed in the course of official duties that:

• Violates any federal or state law or regulation
• Constitutes an abuse of authority
• Results in substantial abuse, misuse, destruction, waste, or loss of public funds or public resources

The action does not need to be within the scope of the employee's official job duties. Any action taken in the performance of official functions that meets the criteria above qualifies.

Where Must Reports Be Filed?

To receive protection under the Mississippi Whistleblower Protection Act, reports must go to a recognized "state investigative body." The statute defines these as:

Reporting to a supervisor, coworker, or the media does not trigger statutory whistleblower protection. The report must go to one of the investigative bodies listed above.

Prohibited Retaliation Against Public Employees

Under Miss. Code Ann. section 25-9-173, it is unlawful for any government agency to take the following actions against an employee in retaliation for providing information or testimony to a state investigative body:

• Termination or discharge
• Suspension
• Demotion
• Reduction in pay or hours
• Alteration of employment terms or conditions
• Any other form of discrimination or adverse action

This protection applies regardless of whether the employee's information or testimony was provided under oath.

Remedies Available to Public Employee Whistleblowers

Under Miss. Code Ann. section 25-9-175, a public employee who suffers retaliation may recover:

• Back pay for lost wages
• Reinstatement to the previous job position
• Injunctive relief to stop ongoing retaliation
• Compensatory damages for harm suffered
• Court costs and reasonable attorney's fees

However, total damages are capped. Under Miss. Code Ann. section 11-46-15, the maximum recovery against a governmental entity is $500,000. This cap includes all damages, costs, and attorney's fees combined.

Punitive damages and pre-judgment interest are not available in whistleblower claims against government employers.

Burden of Proof

The employee must prove by a preponderance of the evidence that the retaliatory action would not have occurred "but for" the employee's report or testimony to a state investigative body. This means the whistleblowing activity must be the deciding factor behind the employer's adverse action.

Penalties for Government Agencies That Retaliate

Under Miss. Code Ann. section 25-9-177, government agencies that violate the whistleblower statute face additional penalties:

• A civil fine of up to $10,000 per violation
• Each member of the agency's governing board or authority may be held individually liable for the fine
• If the agency has no governing board, the fine is payable by the agency's executive director

These fines are separate from and in addition to the compensatory damages owed to the employee.

Common Law Protection: The McArn Exception

Private-sector employees in Mississippi are not covered by the Whistleblower Protection Act. However, the Mississippi Supreme Court created an important exception to the at-will employment doctrine in McArn v. Allied Bruce-Terminix Co., Inc., 626 So. 2d 603 (Miss. 1993).

In that case, an employee was fired after refusing to falsify chemical treatment reports and for reporting the company's fraudulent practices. The court established that Mississippi's public policy prevents employers from terminating employees who:

1. Refuse to participate in illegal activity at the direction of their employer
2. Report criminal conduct by their employer or coworkers

Limitations of the McArn Exception

The McArn exception is narrow. Mississippi courts have clarified several important limits:

• The activity complained of must be actually illegal, not merely unethical or improper
• The conduct must warrant criminal penalties, not just civil penalties
• The employee must have been terminated specifically because of the refusal or report
• The exception covers both refusing to participate in crime and reporting criminal activity

This common law protection fills a gap for private-sector workers, but it only applies when criminal conduct is involved.

Mississippi Vulnerable Persons Act Protections

Mississippi provides additional whistleblower protection for individuals who report abuse, neglect, or exploitation of vulnerable adults. Under the Mississippi Vulnerable Persons Act (Miss. Code Ann. section 43-47-7), anyone with knowledge or reasonable belief that a vulnerable person is being abused, neglected, or exploited must immediately report the situation to:

• The Mississippi Department of Human Services, or the county department of human services where the vulnerable person is located
• The Department of Child Protection Services, if the vulnerable person is a minor

Vulnerable persons who are patients or residents of care facilities are reported under a separate statute, Section 43-47-37.

Retaliation Protection for Vulnerable Persons Reporters

No employer may discharge, demote, alter terms of employment, or otherwise discriminate against any person for:

• Making a report under the Vulnerable Persons Act
• Testifying in an official proceeding under the Act

Penalties for Failing to Report

Persons who knowingly fail to make a required report, or who try to prevent another person from making a report, face:

• Misdemeanor criminal charges
• A fine of up to $5,000
• Imprisonment in county jail for up to 6 months
• Or both fine and imprisonment

How to File a Vulnerable Persons Complaint

To report abuse, neglect, or exploitation of a vulnerable adult in Mississippi:

• Call Mississippi Department of Human Services, Adult Protective Services: 844-437-6282
• Online via the Medicaid Fraud Control Unit complaint form

Federal Whistleblower Protections for Mississippi Workers

Both public and private employees in Mississippi may have additional protections under federal law. Key federal whistleblower statutes include:

Mississippi does not have a state-level False Claims Act with qui tam (whistleblower reward) provisions. The state's Medicaid Fraud Control Act (Miss. Code Ann. sections 43-13-201 through 43-13-233) addresses Medicaid fraud but does not include a qui tam mechanism. Mississippi employees who discover fraud involving federal funds may still file qui tam claims under the federal False Claims Act, which allows whistleblowers to receive between 15% and 30% of the government's recovery.

To file a federal whistleblower complaint, employees can use the OSHA Online Whistleblower Complaint Form or call OSHA at 1-800-321-OSHA (6742).

Statute of Limitations for Whistleblower Claims

The deadlines for filing whistleblower retaliation claims in Mississippi vary by statute:

Missing the filing deadline will almost certainly bar your claim, so it is important to act quickly after experiencing retaliation.

How to File a Whistleblower Complaint in Mississippi

The steps for filing depend on whether you are a public or private employee and the type of misconduct you are reporting.

For Public Employees

1. Document everything. Keep records of the misconduct you observed, including dates, locations, people involved, and any evidence.
2. Report to a state investigative body. File your report with the Attorney General, State Auditor, Ethics Commission, PEER Committee, a legislative committee, or a district attorney.
3. Preserve evidence of retaliation. If your employer takes adverse action after your report, document the timing, the action taken, and any statements by supervisors.
4. Consult an attorney. A lawyer experienced in Mississippi employment law can help you file a civil lawsuit within the three-year statute of limitations.
5. File suit in court. Public employees must file their retaliation claims in an appropriate Mississippi court.

For Private Employees

1. Identify the applicable law. Determine whether federal statutes (OSHA, Sarbanes-Oxley, Dodd-Frank, False Claims Act) or Mississippi common law applies to your situation.
2. File with the appropriate agency. For federal claims, file with OSHA, the SEC, or the relevant federal agency within the required deadline.
3. Consider a qui tam action. If your employer is defrauding the federal government, you may file a qui tam lawsuit under the federal False Claims Act.
4. Consult an attorney. The McArn common law exception requires proving that the activity was criminal in nature, so legal guidance is strongly recommended.

Recent Developments

In the 2025 Mississippi legislative session, HB 49 was introduced to create a new Office of Inspector General within the executive branch. If enacted, this bill would add the Office of Inspector General to the list of recognized state investigative bodies under the Whistleblower Protection Act. The bill would give the Inspector General authority to investigate whistleblower complaints of workplace reprisal and retaliatory action. Mississippi workers should monitor this legislation for potential changes to the reporting process.

More Mississippi Laws

• Mississippi At-Will Employment Laws
• Mississippi Employee Monitoring Laws
• Mississippi Final Paycheck Laws
• Mississippi Workers Compensation Laws