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Alaska Whistleblower Resource Guide

Alaska Specific Information

This section provides a general overview of some of the considerations and legal protections unique to blowing the whistle in Alaska. It is meant to supplement the general material presented above in "Survival Tips for Whistleblowers," which should be read first.


Public and Private Sector Protections

Alaska law provides some important--if imperfect--legal protections for employees who face the threat of retaliation by their employers after blowing the whistle. Different protections apply to whistleblowers in the public and private sectors. Employees who are considering blowing the whistle should be familiar with their legal options, as well as the limits of these protections.

State and local employees represent one of the largest segments of Alaska's labor force, comprising roughly 50,000 employees. The Alaska Whistleblower Act (AS 39.90.100) prohibits retaliation against a public employee who discloses to his or her employer or another public agency or public official a matter which s/he reasonably believes is of public concern. In addition to providing relief for the whistleblower, this statute also provides for punishment of the violator, through both punitive damages and a civil fine of not more than $10,000.

Employees in the private sector, although not statutorily protected, may be protected under Alaska "common law," i.e., law that is created by judicial decisions. Alaska courts have recognized protections for whistleblowers based on several legal theories:

  1. Certain employment contracts of a definite term can be terminated only for good cause. Retaliation for whistleblowing is not considered "good cause" and therefore justifies court action as a breach of contract.
  2. If you work for a private company and are not covered by a definite term contract, you are considered an "at will" employee: you may be removed from your job at the will of your employer. However, the Supreme Court of Alaska has recognized that "every contract imposes upon each party a duty of good faith and fair dealing in its performance or its enforcement." [Mitford v. de Lasala, 666 P.2d 1000, 1006 (Alaska 1983)] The Court has further found that this duty is implied in the "at will" employment relationship. This means that Alaska courts specifically recognize that retaliation by private employers justifies legal action for breach of the duty of "good faith and fair dealing" that is implied in "at will" employment contracts.
  3. Many states have adopted a "public policy" exception to the "at will" doctrine, on the theory that retaliation against whistleblowers is contrary to public policy and therefore prohibited. Alaska has recognized this theory as part of the implied covenant of good faith and fair dealing (discussed above).

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Last modified: May 26, 2000