Sarah Mirando  |  March 11, 2016

Category: Labor & Employment

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whistleblower

The Office of Special Counsel (OSC) filed an amicus brief with the Merit Systems Protection Board recently, arguing against any narrowing of the scope of the Whistleblower Protection Act.

The OSC, a government group charged with protecting federal whistleblowers, opposes narrowing protection for whistleblowers and has told the Merit Systems Protection Board that the Whistleblower Protection Act applies to those who make disclosures before applying for a federal job.

The issue arose in the case of an Army contract employee who accused the Army of mis-using specially-funded equipment and was later denied a federal civilian position.  The case examines whether a whistleblower must be an employee or applicant for federal employment at the time he or she made a disclosure to be protected under the Whistleblower Protection Act.

Mark A. was a federal contract employee for the Army when he disclosed that the Army was using specially funded equipment for reasons other than its intended purpose. He applied for a civilian position with the Army weeks later and was not selected. He subsequently alleged he was not selected in retaliation for his disclosure.

OSC is arguing that both the Whistleblower Protection Act and as earlier MSPB decisions make it clear that the Act offer protection for whistleblowers who make disclosures before applying for a federal job.

“The WPA specifically covers applicants because Congress sought to ensure that whistleblowers outside the federal workforce would not be prevented by retaliation from entering it,” OSC’s brief states.

“Requiring a whistleblower to be an applicant not just when the retaliatory personnel action occurred, but also at the time of the disclosure, would frustrate this purpose by severely restricting the number of applicants covered under the Act,” the group added.

OSC also said that narrowing the statute could discourage whistleblowers from coming forward out of fears that the law would leave them unprotected.

Protection for Whistleblowers

In a whistleblower lawsuit, an individual with knowledge of an organization’s activities provides information about fraud, corruption or other illegal activity. Whistleblowers are often employees, former employees and others who have access to company documents and internal information.

The False Claims Act includes an anti-retaliation provision for whistleblowers who file qui tam lawsuits or are considering filing a qui tam lawsuit. Congress recognized that whistleblowers need job protection as some may lose their jobs, be demoted or be blackballed from working in their industry.

The law says that “if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment,” then that individual can seek compensation.

If there is job or work-related retaliation, whistleblowers are entitled “to all relief necessary to make the employee . . . whole,” according to the False Claims Act. This can include reinstatement, two times the amount of back pay, interest on back pay, reimbursement of litigation costs and reasonable attorneys’ fees and compensation for special damages.

Many state false claims laws with whistleblower reward provisions also provide whistleblower job protection. These provisions not only provide whistleblowers financial protection from retaliation but also create an enormous monetary incentive to come forward about fraudulent and illegal acts committed against the government.

In general, whistleblower and qui tam lawsuits are filed individually by each plaintiff and are not class actions.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual qui tam lawsuit or whistleblower class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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