Whistleblowing

Our federal government has passed laws to prohibit and protect federal employees against government and political corruption. Additionally, there are federal whistleblower protection laws designed to protect against whistleblower retaliation.

The U.S. Office of Special Counsel (OSC) is authorized by the Whistleblower Protection Act to investigate and prosecute whistleblower claims. The Whistleblower Protection Act protects federal employees who observe or have evidence relating to wrongdoing from retaliation. It encourages those with information regarding violations of rules or regulations and wrongdoing to come forward and report those violations without fear of disciplinary action. The OSC strives to protect government employees and put an end to political corruption and violations of law. The OSC is like a prosecutor’s office, and our federal employment attorneys have experience bringing matters to the attention of the OSC and then to the MSPB if necessary.

Certain employment-related practices are strictly prohibited for government personnel and federal agency employees. Any employee who works for the federal government is eligible to file a complaint with the OSC regarding a co-worker’s or employer’s wrongdoing. The OSC handles complaints that include federal employees reporting retaliation for the following:

• A violation of any law, rule or regulation
• Gross mismanagement
• A gross waste of funds
• An abuse of authority
• A substantial and specific danger to public health or safety

An experienced employment law attorney will be able to help you understand which agency to contact first. In addition, the OSC works together with the Equal Employment Opportunity Commission (EEOC) to combat discrimination in the workplace. An experienced employment law attorney will be able to help you understand which agency to contact first. We will also help you prepare and structure your case strongly from the beginning.

If you have witnessed, experienced or have evidence of any activity that you think qualifies you for whistleblower protection, you may file a complaint with the OSC. Our firm is familiar with the OSC complaint process and whistleblower protection. By hiring them to help you file a complaint, they can help protect you and your rights during the entire process.

Whistleblower disclosure retaliation often signals a Prohibited Personnel Practice (PPP) as it directly undermines the merit system principles. Such retaliation occurs when an agency official takes or threatens adverse personnel action against an employee for reporting misconduct, like a violation of laws, gross mismanagement or a significant danger to public safety. The retaliation is a PPP if the official is aware of the employee’s disclosure and the disclosure contributes to the adverse action. Protecting whistleblowers from retaliation is crucial to maintaining integrity and accountability within the federal workforce.

The Whistleblower Protection Act (WPA) serves as a shield for federal employees who expose illegal or unethical actions within the government. Enacted in 1989 and strengthened by subsequent amendments, the WPA ensures that those in the executive branch who report wrongdoing are safe from retaliation or corrective actions. It covers a range of lawful disclosures and upholds a “reasonable belief” standard for whistleblower claims. Our attorneys are well-versed in the intricacies of the WPA, championing the rights of whistleblowers and guiding them through the complexities of the legal system to safeguard their careers and reputations.

To establish a violation of the Whistleblower Protection Act (WPA), you must demonstrate that your whistleblowing was a key factor in the adverse personnel action taken against you. First, show that you made a protected disclosure or that officials believed you did. Then, confirm that the officials knew of your disclosure. Next, show the link between the disclosure you made and the personnel action, whether it was taken, threatened or failed to be taken. Lastly, prove that there was a causal connection between your whistleblowing and the action. If you meet this burden, the agency must then prove, with clear and convincing evidence, that they had a legitimate reason for the action that was not influenced by your disclosure.