The Whistleblower Protection Act, 5 U.S.C. § 2302(b)(8), protects federal employees from retaliation for disclosing what they reasonably believe to constitute:
- a substantial and specific danger to public health or safety;
- an abuse of authority;
- gross waste of funds;
- gross mismanagement; or
- a violation of law, rule, or regulation.
If you were the victim of whistleblower reprisal, a complaint can be filed with the Office of Special Counsel (OSC). If the claim involves a suspension of 15 days or more, demotion, or removal, the claim can be filed directly with the U.S. Merit Systems Protection Board (MSPB).
Claims filed with the Office of Special Counsel (OSC) will be investigated. The OSC may seek corrective action on your behalf with the U.S. Merit Systems Protection Board (MSPB). If the OSC decides not to seek any corrective action on your behalf, you have the right to file an Individual Right of Action (IRA) Appeal with the MSPB.
For cases involving an adverse action, you may appeal directly to the MSPB without first filing a complaint with OSC. Cases involving an adverse action include a demotion, suspension of more than 14 days, or removal.
Whistleblower Retaliation - Visit the website of the Office of Special Counsel to learn about Whistleblower Retaliation claims under 5 U.S.C. Section 2302(b)(8). Under this provision, a federal employee may not take any action or direct others to take personnel action against an employee because of protected whistleblowing.
Attorneys for Whistleblower Reprisal in Pennsylvania, New Jersey and New York
Contact our employment law attorneys to set up an initial consultation. During the initial consultation, we can help you evaluate the pros and cons of filing a federal whistleblower qui tam complaint or whistleblower reprisal complaint.
Our employment law attorneys can help you learn more about the whistleblower disclosures that are filed in the Office Inspector General Act including complaints or disclosures with the OSC. Find out more about the requirements of filing a prohibited personnel practice complaints with the OSC.
After the complaint is filed, you need an attorney during the OSC investigation process and before the MSPB in Individual Right of Action (IRA) appeals.
With offices in Philadelphia, PA, and Moorestown, NJ, our employment law attorneys represent clients with whistleblower claims throughout the greater Philadelphia area. We also represent clients throughout all of Pennsylvania, New Jersey and New York.
Let us put our experience to work for you. Call 215-545-7676.
This article was last updated on Monday, May 21, 2018.
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