At some point in your federal career, you may “blow the whistle”, meaning that you reveal illegal or wasteful practices by the federal government. Employees who reveal this type of information, often called “whistleblowers,” are sometimes subjected to retaliation for their honesty.

The Whistleblower Protection Act protects federal employees from retaliation after making any disclosure that the employee reasonably believes reveals a violation of law, rule or regulation or evidences gross waste, gross mismanagement, an abuse of authority or a substantial and specific threat to public health or safety committed by a government entity, agency, or employee.

The attorneys at Tully Rinckey PLLC have extensive experience representing whistleblowers subject to retaliation, including several high profile cases. Our attorneys are available to advise you from filing your complaint with the Office of Special Counsel through the whistleblower investigation and any subsequent appeal to the Merit Systems Protection Board (MSPB).

Frequently Asked Questions About Whistleblower Protections

What does the Federal Whistleblower Protection Act protect against?
The Act prohibits reprisal against any federal employee or job applicant who makes a disclosure protected under the Act.  Violations of the Act can result in disciplinary action taken against federal officials found guilty of whistleblower reprisal.

What is prohibited under the Whistleblower Protection Act?
It is unlawful for a federal official to take or threaten to take a personnel action (i.e. suspension, demotion, reassignment, transfer, or removal) against you because of a protected disclosure. A protected disclosure is information that you reasonably believe to be evidence of a violation of law, rule or regulation or gross waste of government funds, gross mismanagement, an abuse of authority or a substantial and specific threat to public health or safety. It is also unlawful under the Act for an official to take or threaten to take a personnel action, due to a protected disclosure. Other personnel actions include performance evaluations and any benefit of employment such as leave, promotion, training, pay, or other benefits.

What must I show to prove that I have been retaliated against?
You must prove that you made a protected disclosure and that as a result of that protected disclosure an agency official took an adverse action against you. Usually you will need to show that the agency official who took the adverse action against you had knowledge of the protected disclosure. You must also show a connection or nexus between the protected disclosure and the personnel action taken against you.

Who will investigate my complaint of reprisal?
The Office of Special Counsel (OSC) will investigate your claim. If they believe it has merit, OSC will request that the agency take corrective action or request that the Merit Systems Protection Board  order corrective action. If OSC determines that you do not have a claim, terminates their investigation without action, you may then file what is known as an Individual Right of Action (IRA) appeal with the MSPB. You have 65 days from the date you are notified by OSC that they are closing your claim to file with MSPB. Alternatively, if OSC fails to take any action on your complaint within 120 days after the filing of your complaint, you may also file an IRA appeal with the MSPB.  These time frames are strictly enforced. Once at the MSPB, the normal Board processing procedures apply.

If you are a federal employee facing wrongful termination, demotion, or other adverse action as a result of your disclosures, contact us to see how our experienced federal employment and whistleblower attorneys may assist you.

We can be reached 24 hours a day, 7 days a week at 202-787-1900 or via email at info@fedattorney.com.