Whistleblower

Protect Your Rights as a Whistleblower in Rockville

Speak Up Against Fraud and Misconduct

My own appreciation for the vital importance of laws to protect whistleblowers extends back to my childhood in Michigan.  My family moved to Michigan only a few years after the cover up of a chemical company’s introduction of toxic polybrominated biphenyls (PBB) into animal feed poisoned the meat and milk of over 30,000 cattle.  I grew up on stories of farmers shooting and burying their entire herds, and for years my parents would only buy meat and milk produced outside Michigan. Because employees of the chemical company had been intimidated into concealing the accident by threats to their jobs, it came as no surprise that Michigan enacted the first state whistleblower law in 1981. Today, in addition to state laws, there are at least 18 federal laws intended to provide protection for whistleblowers in areas ranging from the financial sector to environmental laws to food safety laws. 

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Blowing the Whistle

The principal act providing for and protecting disclosure of waste, fraud, and abuse on the part of covered federal employees is the Whistleblower Protection Act.

Disclosures

The United States Office of Special Counsel (OSC) handles complaints of prohibited personnel practices and whistleblower disclosures regarding federal agencies pursuant to 5 U.S.C. 1213.  As stated on the OSC’s website, the following types of disclosures fall within the OSC’s jurisdiction:

DU attorneys review five types of disclosures specified in the statute: violations of a law, rule or regulation; gross mismanagement; a gross waste of funds; an abuse of authority; and a substantial and specific danger to public health or safety. 5 U.S.C. § 1213(b). The disclosures are evaluated to determine whether or not there is sufficient information to conclude with a substantial likelihood that one of these conditions has been disclosed.

Federal employees may make disclosures to the OSC electronically.

We’ll fight for your rights and ensure you’re protected under the law. Call (301) 965-6386 today for immediate legal support.

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  • Committed to Fair and Just Workplaces
    We believe that everyone deserves a safe, equitable work environment. Our firm is passionate about holding employers accountable and fighting for systemic change to ensure justice for all employees.
  • Fierce Advocacy for Minorities
    We are dedicated to providing robust legal support for racial and sexual minorities in the workplace. Our team works tirelessly to ensure every individual is treated with fairness, dignity, and respect.
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    We meticulously prepare every case with a trial mindset, even if settlement is the goal. This approach empowers us to negotiate from a position of strength and ensures your rights are fully protected in the courtroom if needed.
  • Exclusively Advocating for Employees
    We focus solely on representing employees, ensuring that workers' rights are always our top priority. From wage disputes to workplace discrimination, we stand with employees every step of the way.

Prohibited Personnel Practices (Reprisal)

The Whistleblower Protection Act also makes it illegal to take an adverse personnel action against a federal employee who has made a protected disclosure, and provides for three avenues to challenge retaliation for blowing the whistle:

  1. A federal employee facing an adverse personnel action (such as termination) may raise an allegation of retaliation for a protected disclosure of information as an affirmative defense in a proceeding before the Merit Systems Protection Board.
  2. A federal employee may ask the Office of Special Counsel to investigate an allegation of retaliation for making a protected disclosure, and the Office of Special Counsel can seek corrective action through the Merit Systems Protection Board.
  3. On his own, a federal employee may file an Individual Right of Action (IRA) claiming retaliation for a protected disclosure of information.

While an employee subjected to retaliation for making a protected disclosure should certainly investigate his legal remedies to the fullest, an employee contemplating making a disclosure should bear in mind that the law is at best an imperfect protection for those who have provoked the federal government.

Ready to blow the whistle? Contact our experienced legal team for a confidential consultation and take the first step toward protecting your rights.

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