The statute of limitations begins to run from the time that the complainant knows or reasonably should have known of the adverse action. The violation occurs on the date that the employer communicates to the employee its intent to take an adverse employment action, rather than the date on which the adverse action becomes effective. “Final” and “definitive” notice denotes communication that is decisive or conclusive, i.e., leaving no further chance for action, discussion, or change.
Failing to exhaust administrative remedies risks waiving a whistleblower’s ability to recover damages stemming from a particular retaliatory personnel action. Therefore, it is critical to promptly exhaust administrative remedies as to each adverse action.
