Filing a Whistleblower Retaliation Complaint
If you believe that your employer has retaliated against you for protected whistleblowing, you can file a formal complaint with the US Office of Special Counsel (OSC). The OSC is an independent agency whose job is to investigate and prosecute allegations of “prohibited personnel practices” (PPP) by federal employers.
When deciding on a whistleblower complaint, the OSC will look for evidence that the whistleblowing was a contributing factor in the adverse personnel action threatened or taken against you. They will also consider whether the agency can demonstrate “by clear and convincing evidence” that it would have taken the same action against you in the absence of your whistleblowing.
If the OSC’s investigations conclude that whistleblower retaliation occurred, they may order corrective or disciplinary action.
Several forms of relief you may receive include:
- Reinstatement to your former position
- Restoration to your role
- Reversal of suspensions and other adverse actions
- Lost wages and back pay
- Reasonable and foreseeable consequential damages, (e.g., medical costs, attorney’s fees, and compensatory damages)
In the case that the OSC does not satisfactorily resolve your case, you may proceed with an Individual Right of Action (IRA) appeal with the Merit Systems Protection Board (MSPB). However, you must first have filed a claim with the OSC before considering any other alternative option like an IRA appeal.
Take Legal Action with the Help of Pitre & Associates, LLC
If your employer has retaliated against you for whistleblowing, they have infringed upon your federal rights, and you can take legal action against them. Pitre & Associates, LLC supports federal employees throughout Washington, D.C., and all across the country, protecting them from unlawful removal and suspension simply for exercising their civil rights.
Let the reputable and experienced attorneys at the firm help you file a whistleblower retaliation complaint with the OSC and protect your rights under the WPA.
Schedule a free consultation with Pitre & Associates, LLC today to get started immediately. Let’s assert your whistleblowing rights and protect your future.
The Whistleblower Protection Enhancement Act (WPEA), enacted in 2012, significantly strengthened the protections for federal employees who report misconduct or violations of law, including fraud, waste, abuse, and mismanagement. The WPEA was designed to close loopholes in earlier whistleblower protection laws and provide clearer and more robust safeguards against retaliation for whistleblowers.
Under the WPEA, federal employees who report violations are entitled to stronger protections, including:
- Expanded Definition of Protected Disclosure: The WPEA expanded the types of disclosures that qualify as protected, including those related to waste, fraud, abuse, and violations of law.
- Improved Remedies for Retaliation: Whistleblowers now have greater access to remedies, including back pay, reinstatement, and compensation for damages caused by retaliation.
- Access to the Merit Systems Protection Board (MSPB): The WPEA allows whistleblowers to appeal retaliation cases to the Merit Systems Protection Board (MSPB) and provides expedited procedures for these appeals.
- Prohibition of Non-Disclosure Agreements: It restricts agencies from using non-disclosure agreements or other means that could silence whistleblowers or prevent them from reporting misconduct.
- Protections for Contractor Employees: The WPEA extends whistleblower protections to employees of contractors, subcontractors, and grantees of federal agencies, ensuring broader coverage.
The WPEA reinforces the rights of federal employees to report violations safely, ensuring that whistleblowers are shielded from retaliation and that their disclosures contribute to greater transparency and accountability in the federal government. If you are a federal employee facing retaliation for whistleblowing, it’s essential to understand these protections and consult with a whistleblower lawyer to ensure your rights are enforced.
How to File a Whistleblower Retaliation Claim in Washington D.C.
If you believe that your employer has retaliated against you for protected whistleblowing, you can file a formal complaint with the US Office of Special Counsel (OSC). The OSC is an independent agency whose job is to investigate and prosecute allegations of “prohibited personnel practices” (PPP) by federal employers.
When deciding on a whistleblower complaint, the OSC will look for evidence that the whistleblowing was a contributing factor in the adverse personnel action threatened or taken against you. They will also consider whether the agency can demonstrate “by clear and convincing evidence” that it would have taken the same action against you in the absence of your whistleblowing.
If the OSC’s investigations conclude that whistleblower retaliation occurred, they may order corrective or disciplinary action.
Relief Options for Victims of Whistleblower Retaliation
- Reinstatement to your former position
- Restoration to your role
- Reversal of suspensions and other adverse actions
- Lost wages and back pay
- Reasonable and foreseeable consequential damages, (e.g., medical costs, attorney’s fees, and compensatory damages)
In the case that the OSC does not satisfactorily resolve your case, you may proceed with an Individual Right of Action (IRA) appeal with the Merit Systems Protection Board (MSPB). However, you must first have filed a claim with the OSC before considering any other alternative option like an IRA appeal.
Common Types of Whistleblower Complaints in Federal Employment
Federal employees file OSC complaints for a wide range of misconduct, including:
- Government fraud: Reporting fraudulent use of taxpayer funds, such as false billing or embezzlement.
- Waste, mismanagement, and abuse: Exposing government waste, corruption, or improper use of authority within federal agencies.
- Discrimination: Reporting discriminatory practices based on race, gender, disability, or other protected classes.
- Violation of federal laws and regulations: Bringing attention to violations of environmental laws, safety regulations, or other federal rules that endanger the public or violate citizens’ rights.
- Sexual harassment: Reporting sexual harassment in the workplace or failure by federal agencies to take appropriate action against harassment.
At Pitre & Associates, our Washington D.C. retaliation lawyers specialize in protecting federal whistleblowers who expose these types of misconduct and ensuring they do not face retaliation for standing up for what’s right.
