Federal Whistleblower Protection Lawyer
The Whistleblower Protection Act
The Whistleblower Protection Act and Whistleblower Protection Enhancement Act protect federal employees who “blow the whistle” on illegal or other wrongful conduct in the federal government. These laws protect federal employees from retaliation when they report:
- Violation of a law, rule, or regulation;
- Gross mismanagement;
- Gross waste of funds;
- Abuse of authority; or
- A substantial and specific danger to public health and safety.
Federal law protects whistleblowers from retaliation, including removal, demotion, suspension, and other adverse personnel actions, as well as harassment. A whistleblower who faces retaliation has the right to file a complaint with the Office of Special Counsel (OSC) or the U.S. Merit Systems Protection Board (MSPB). As a result, a whistleblower may obtain corrective action and an award of monetary damages.
You can find more information on the Whistleblower Protection Act and how it works in this article: The Whistleblower Protection Act: What it is and how it protects federal workers.
The attorneys of Bramnick Creed, LLC advise and advocate for federal whistleblowers at every stage of the process — from reporting illegal or wrongful conduct, to opposing retaliation, to fighting for the rights of federal whistleblowers.
Prohibited Personnel Practices
Federal law prohibits agencies from taking certain wrongful employment actions, known as “prohibited personnel practices.” Whistleblower retaliation is one of a number of prohibited personnel practices.
A personnel action may be prohibited if taken for one or more of the following improper reasons:
- Discrimination on the basis of race, color, religion, sex, national origin, age, disability, marital status, or political affiliation;
- Solicitation or consideration of an employee’s performance, qualifications, or character that is not based on the employee’s records or personal knowledge;
- Coercion of political activity;
- Deception or willful obstruction of a person’s right to compete for employment;
- Influencing a person to withdraw from competition for a position for the purpose of improving or harming the prospects of another candidate;
- Granting a preference or advantage to an employee or applicant that is not authorized by law;
- Appointing, employing, or advancing a relative in employment (nepotism);
- Retaliating against a whistleblower;
- Reprisal for protected activity;
- Discrimination against an employee or applicant on a basis unrelated to job performance;
- Knowingly violating a veterans’ preference requirement;
- Knowingly taking action or failing to take action in violation of statutory merit system principles;
- Implementing or enforcing a nondisclosure policy, form, or agreement that does not contain required language informing the employee of its legal limits;
- Accessing an employee’s or applicant’s medical records for one of the above improper reasons.[1]
Personnel Actions Covered
The law against prohibited personnel practices applies to a wide range of personnel actions, including:
- An appointment;
- A promotion;
- Disciplinary or corrective action;
- A detail, transfer, or reassignment;
- A reinstatement;
- A restoration;
- A reemployment;
- A performance evaluation;
- A decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph;
- A decision to order psychiatric testing or examination;
- The implementation or enforcement of any nondisclosure policy, form, or agreement; and
- Any other significant change in duties, responsibilities, or working conditions.[2]
An employee who faces a prohibited personnel practice has the right to file a complaint with the U.S. Office of Special Counsel (OSC) to seek corrective action and monetary damages. Consequently, the attorneys of Bramnick Creed are well-versed in the law of prohibited personnel practices and understand the OSC complaint process.
The False Claims Act and Qui Tam Whistleblowers
The False Claims Act (31 U.S.C. §§ 3729–3733) is one of the most powerful whistleblower statutes in federal law. It allows individuals — known as “relators” — to file a lawsuit on behalf of the United States government against individuals or companies that have defrauded the government. This type of lawsuit is called a “qui tam” action. For example, common False Claims Act cases involve contractors billing the government for work not performed, healthcare providers submitting false Medicare or Medicaid claims, and defense contractors misrepresenting costs or product specifications.
A relator who brings a successful qui tam action may receive between 15 and 30 percent of the government’s total recovery — a potentially substantial financial award. Furthermore, the False Claims Act contains strong anti-retaliation protections. Specifically, an employee who faces discharge, demotion, harassment, or other discrimination for lawful acts taken in furtherance of a False Claims Act case is entitled to reinstatement, two times the amount of back pay owed, and compensation for any special damages, including litigation costs and reasonable attorney’s fees.
The attorneys of Bramnick Creed advise and represent individuals who have knowledge of fraud against the federal government. We guide clients through the qui tam filing process and advocate for their rights against retaliation. If you believe you have witnessed fraud against the government, contact us promptly — strict filing deadlines apply.
Frequently Asked Questions
What is the Whistleblower Protection Act?
The Whistleblower Protection Act and Whistleblower Protection Enhancement Act protect federal employees who report illegal or wrongful conduct in the federal government, including violations of laws or regulations, gross mismanagement, gross waste of funds, abuse of authority, or a substantial danger to public health and safety. These laws protect federal employees from retaliation such as removal, demotion, suspension, and other adverse personnel actions.
What is a prohibited personnel practice?
A prohibited personnel practice is a wrongful employment action that federal law makes illegal for agencies to take. Examples include whistleblower retaliation, discrimination on the basis of race, color, religion, sex, national origin, age, or disability, nepotism, and reprisal for protected activity. An employee who faces a prohibited personnel practice has the right to file a complaint with the U.S. Office of Special Counsel (OSC) to seek corrective action and monetary damages.
How do I file a federal whistleblower complaint?
A federal employee who faces retaliation for a protected disclosure can file a complaint with the Office of Special Counsel (OSC) or appeal to the U.S. Merit Systems Protection Board (MSPB). Strict deadlines apply, so it is important to consult with an attorney promptly after experiencing retaliation.
What is the False Claims Act?
The False Claims Act (31 U.S.C. §§ 3729–3733) allows individuals — known as relators — to file a lawsuit on behalf of the U.S. government against individuals or companies that have committed fraud against the government. Common examples include contractors billing for work not performed, false Medicare or Medicaid claims, and defense contractors misrepresenting costs. A successful relator may receive between 15 and 30 percent of the government’s total recovery.
What is a qui tam lawsuit?
A qui tam lawsuit is a False Claims Act case that a private individual — called a relator — files on behalf of the federal government against a party that has defrauded the government. If the case succeeds, the relator may receive a portion of the government’s recovery.
Does the False Claims Act protect whistleblowers from retaliation?
Yes. The False Claims Act contains strong anti-retaliation protections. An employee who faces discharge, demotion, harassment, or other discrimination for lawful acts taken in furtherance of a False Claims Act case is entitled to reinstatement, two times the amount of back pay owed, and compensation for any special damages, including litigation costs and reasonable attorney’s fees.
For more information about how Bramnick Creed assists federal employees facing whistleblower retaliation or other prohibited personnel practices, or for a consultation, contact Joe Creed at (301) 760-3344 or JCreed@BramnickCreed.com.
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