Whistleblower Protection Act
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Whistleblower Protection Act: Protection for Federal Employees, our practice area
The Firm's attorneys are nationally recognized for their successful representation of federal sector whistleblowers in cases brought before the Office of Special Counsel ("OSC") under the Whistleblower Protection Act. We have obtained significant settlements and secured important legal victories for federal government employees who have blown the whistle on fraud, waste, abuse and other violations of the law. -
Retaliation, our practice area related to Whistleblower Protection Act.
If the employee who has been retaliated against is a federal government employee or has reported financial or accounting improprieties, specific anti-retaliation statutes such as the Whistleblower Protection Act or the Sarbanes-Oxley Act may also apply. -
Federal Circuit a 'hostile' forum?
Congress may soon eliminate the sole jurisdiction of the U.S. Court of Appeals for the Federal Circuit over whistleblower appeals because of that court's apparent hostility to whistleblower claims and misinterpretations of the federal whistleblower law.
Most people don't think of the patent-heavy Federal Circuit as a whistleblower appeals court, but appeals under the Whistleblower Protection Act fall under the court's exclusive subject-matter jurisdiction. The court has been an extraordinarily unsuccessful forum for claims by federal whistleblowers for more than a decade. -
Edgar A. Domenech: OSC Report of Possible Prohibited Personnel Practices
Through the foregoing actions, ATF has violated the Whistleblower Protection Act. The WPA makes it a "prohibited personnel practice" to take or threaten to take a personnel action against an employee "because of any disclosure of information . . . which the employee reasonably believes evidences . . . a violation of law, rule or regulation or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health and safety." The employee must show that he engaged in protected activity, that a "personnel action" was taken against him, that the individual responsible for the personnel action knew that he had engaged in protected activity, and that the action was taken because of the protected activity.