How Alaska Public Employees Are Protected Under AS 39.90.100 (Alaska Whistleblower Act)

Working for the state or a local municipality in Alaska comes with a strong sense of public duty. Whether you are maintaining icy roads, protecting citizens, or educating the next generation, your primary responsibility is to the public. However, discovering internal corruption, dangerous safety violations, or the blatant waste of taxpayer money puts you in a difficult position. Many public employees fear that if they speak up against their supervisors or department heads, they will lose their jobs or face severe workplace retaliation.

Fortunately, the Alaska Whistleblower Act (Alaska Stat. § 39.90.100) provides robust legal protections for public employees who blow the whistle on government misconduct. The law prohibits public employers from discharging, threatening, or discriminating against an employee who reports a matter of public concern in good faith. If you are experiencing retaliation after doing the right thing, you do not have to fight the government alone. You can browse our US Lawyers Directory to find an experienced Alaska employment attorney who can help you protect your career and hold corrupt officials accountable.

What Constitutes a 'Matter of Public Concern'?

To be protected under Alaska Stat. § 39.90.100, your report must relate to a "matter of public concern." You cannot use the Whistleblower Act to complain about minor personal grievances, such as not liking your office assignment or disagreeing with a standard dress code. A matter of public concern is legally defined as information that you reasonably believe evidences:

• A violation of a state, federal, or municipal law, regulation, or ordinance.
• A danger to public health or safety.
• Gross mismanagement, a substantial waste of public funds, or a clear abuse of authority.

Before making a report public, the statute often requires you to submit a written report of misconduct to your immediate supervisor or a designated public official, unless you reasonably believe that doing so would not result in prompt action or would place you in immediate danger of retaliation.

Specific Public Roles and Protections

Whistleblowing looks different depending on the agency you work for. Here are common scenarios where public employees in Alaska must invoke whistleblower protections.

State Troopers Reporting Internal Misconduct

Law enforcement officers face a unique "blue wall of silence." If an officer at the Alaska State Troopers, Anchorage post witnesses a colleague using excessive force, tampering with evidence, or falsifying police reports, they have a legal and ethical duty to report it. If an officer reports this misconduct to internal affairs or the Department of Public Safety and is subsequently passed over for promotion, assigned to punitive shifts, or pushed out of the force, this is illegal retaliation. The Whistleblower Act allows the officer to sue the department for career damages.

Teachers Reporting School Board Fraud

Educators in districts from Fairbanks to Juneau often notice when things do not add up. If a teacher or school administrator discovers that a local school board is embezzling federal grant money, artificially inflating student enrollment numbers, or ignoring severe structural hazards in a school building, they can blow the whistle. If the school district responds by giving the teacher poor performance evaluations, transferring them to an undesirable location, or terminating their contract, a lawyer can use Alaska Stat. § 39.90.100 to demand reinstatement and back pay.

DOT Workers Reporting Safety Hazards on Winter Roads

Employees of the Alaska Department of Transportation and Public Facilities, Juneau (DOT) perform dangerous work maintaining highways like the Dalton and the Seward. If a DOT worker reports that supervisors are ordering crews to ignore critical winter road maintenance protocols-putting civilian drivers at risk of fatal black ice crashes-this is a clear matter of public safety. If the worker is fired for refusing to comply with unsafe orders or for reporting the negligence to the media, the state can be held financially liable for the retaliation.

Burden of Proof and Reporting Timelines

Winning a whistleblower lawsuit requires proving a direct link between your protected report and the retaliation you suffered.

The Burden of Proof: Your attorney must prove by a "preponderance of the evidence" that your whistleblowing was a substantial or motivating factor in the employer's decision to take adverse action against you. The government will almost always argue that you were fired for a legitimate reason, such as poor performance or insubordination. A skilled lawyer will gather emails, witness testimonies, and performance reviews to prove that the employer's excuse is merely a "pretext" (a fake cover story) for illegal retaliation.

Statute of Limitations: You must act quickly. Under Alaska Stat. § 09.10.070, a public employee who believes they have been retaliated against must bring a civil action in an Alaska Superior Court, such as the Alaska Superior Court, Fairbanks, within two years after the retaliation occurred. Waiting too long will permanently bar you from seeking justice.

Compensation and Remedies

If you successfully prove retaliation under the Alaska Whistleblower Act, the court can award various remedies to make you "whole" again. Depending on the severity of the retaliation, you may be entitled to:

Frequently Asked Questions (FAQ)