Whistleblower Protection Lawyers Archives

Does the Whistleblower Protection Act Prohibit Retaliation for Refusing to Obey an Order Requiring a Violation of Law?

The Whistleblower Protection Act prohibits an employer from taking a personnel action against an employee for refusing an order that would require the employee violate … Continued

Does the Whistleblower Protection Act prohibit retaliation for the exercise of protected rights?

Protected Whistleblowing Under 5 USC 2302(B)(9) The WPA Section (b)(9)(A) protects an employee’s exercise of “any appeal, complaint, or grievance right granted by law, rule, … Continued

Are disclosures to an Inspector General protected under the Whistleblower Protection Act?

The Whistleblower Protection Act protects cooperating with or disclosing information to an agency IG or OSC (5 U.S.C. § 2302(b)(9)(C)). Section 2302(b)(9)(C) covers disclosures made to … Continued

Does the Whistleblower Protection Act Prohibit Retaliation for the Exercise of Appeal or Grievance Rights?

PROVING RETALIATION FOR EXERCISING WHISTLEBLOWING, COMPLAINT, APPEAL, OR GRIEVANCE RIGHTS UNDER WPA SECTION 2302(B)(9) To prove retaliation for exercising whistleblowing, complaint, appeal, or grievance rights under … Continued

What is the causation standard in a Whistleblower Protection Act case?

Proving Retaliation in a Whistleblower Protection Act Case In a WPA action, the complainant must demonstrate a causal connection between the protected activity and the … Continued

How does a whistleblower prove knowledge of protected whistleblowing?

Under the WPA, the whistleblower must prove that the agency officials accused of retaliation knew about the individual’s protected disclosures. An employee can show … Continued

What is a personnel action under the Whistleblower Protection Act?

Prohibited Whistleblower Retaliation Under the Whistleblower Protection Act The Whistleblower Protection Act covers a broad range of personnel actions, including the following types of actions: … Continued

What disclosures are protected under the Whistleblower Protection Act?

Protected Whistleblowing Under the Whistleblower Protection Act A federal employee or applicant makes a protected disclosure if the individual reasonably believes the disclosed conduct constitutes … Continued

How can a federal employee whistleblower seek relief for whistleblower retaliation?

An employee who believes a federal employer has unlawfully retaliated against the employee has several options. The employee may: File a complaint … Continued

What evidence is required to prove compensatory damages in a whistleblower retaliation case?

Most of the whistleblower retaliation statutes adjudicated at the DOL, including SOX, authorize compensatory damages. Until recently, awards of compensatory damages by the DOL were fairly nominal absent expert witness testimony concerning the whistleblower’s emotional distress damages or diminished career prospects. However, two recent decisions, one from the Eighth Circuit and the other from the ARB, indicate that a whistleblower can obtain substantial compensatory damages based solely on his or her testimony.

Does the False Claims Act protect whistleblowing in the course of the whistleblower’s job duties?

False Claims Act Retaliation Provision Protects “Duty Speech” Disclosures Traditionally, employees whose job duties involve investigating or reporting fraud were held to a heightened … Continued

Does the Sarbanes-Oxley Act authorize jury trials?

Jury Trials in Sarbanes-Oxley Whistleblower Cases The Dodd-Frank Act (“Dodd-Frank”) amendments to Section 806 of SOX clarify the right to try a SOX whistleblower claim … Continued

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