Washington, D.C. Whistleblower Retaliation Lawyer for Federal Employees

Federal Employment Attorney Addressing Whistleblower Retaliation in Washington, D.C.

Whistleblowers play an essential role in ensuring that the federal government can operate efficiently while respecting the rights of the American public. Federal employees who report violations of the law, threats to public health or safety, or other issues can help to hold agencies accountable. However, many federal employees who speak out face serious consequences. Instead of being protected for their courage, they may find themselves punished for it through penalties such as demotion or even termination. This is known as whistleblower retaliation, and it is illegal under federal law.

At Federal Employee Legal Services Center, we provide legal representation for federal employees in Washington, D.C. who have experienced retaliation after making protected disclosures or participating in investigations. We work to protect the rights of whistleblowers, help to preserve their careers, and pursue justice through the legal channels that are available.

What Is Whistleblower Retaliation?

Whistleblower retaliation occurs when a federal agency takes, threatens, or fails to take a personnel action against an employee in response to a protected disclosure or activity. Protected disclosures include reports of:

• Violations of laws, rules, or regulations
• Gross mismanagement or waste of funds
• Abuse of authority
• Substantial and specific dangers to public health or safety

Employees are also protected from retaliation when they participate in investigations of these violations, file complaints about workplace discrimination or misconduct, or refuse to obey unlawful orders.

Despite these protections, agencies may still retaliate against employees in direct or indirect ways. Common retaliatory actions include:

• Termination of a person's employment
• Demotion of an employee and reductions in pay
• Suspension for a significant period of time
• Negative performance evaluations
• Denials of promotions or bonuses
• Exclusion from meetings or communications
• Denial of opportunities for career advancement
• Creation of a hostile work environment that is meant to pressure a person into resigning

Why Agencies Retaliate Against Whistleblowers

Retaliation often stems from a desire to silence dissent, protect the leadership of an agency, or avoid scrutiny. Whistleblowers may expose misconduct by senior officials, question improper contracts, or challenge internal practices that violate laws or ethics rules. In response, agency officials may target whistleblowers to send a message to others or to try to undermine the credibility of the person who made the disclosure.

Sometimes, retaliation occurs under the pretext of performance or conduct issues. A person may receive poor performance reviews in order to justify adverse actions such as demotion or termination. In other cases, retaliation may involve subtle changes to an employee's duties or status that can make the workplace untenable, such as reassigning a person to a position that would require them to uproot their family and move across the country. Regardless of the form it takes, retaliation undermines the law and the employee's right to engage in protected activities without fear of reprisal.

Protecting the Rights of Whistleblowers

Federal employees who face retaliation have legal avenues to challenge agency actions and seek relief. Our attorney works with clients to understand the nature of the disclosures they have made, document the retaliatory conduct, and pursue remedies through the appropriate legal channels. This includes representation in both OSC investigations and MSPB appeals.

Representation in OSC Investigations

The U.S. Office of Special Counsel is an independent agency that is responsible for investigating whistleblower retaliation and other prohibited personnel practices. Our lawyer can help federal employees file retaliation complaints with the OSC, ensuring that the complaint clearly describes:

• The nature of the protected disclosure or activity
• The adverse actions taken by the agency
• The timeline of events that supports a retaliatory motive
• Any available evidence or witnesses

Once a complaint is submitted, the OSC may open an investigation, request information from the agency, interview witnesses, and determine whether retaliation occurred. If so, the OSC can seek corrective action, including reinstatement, back pay, and changes to personnel records.

Our attorney represents clients during this process, preparing statements, responding to OSC inquiries, and advocating for fair outcomes. Legal representation can be particularly important during settlement negotiations, since the terms of a settlement may affect not only a person's compensation but also their ability to maintain future employment and receive whistleblower protections in the future.

Representation in MSPB Appeals

In cases involving adverse personnel actions such as termination, demotion, or suspension, federal employees can appeal directly to the Merit Systems Protection Board. Whistleblower retaliation can be raised as a legal defense against an agency's actions.

Our attorney assists employees in filing timely appeals, developing legal arguments to demonstrate that protected activity was a contributing factor in the agency's action, presenting a case before an administrative judge, and seeking the appropriate remedies, which may include reinstatement, back pay, and corrections to the employee's record. If an employee cannot appeal directly, they may still pursue an Individual Right of Action (IRA) appeal with the MSPB after first filing a complaint with the OSC.

Pursuing Settlements and Long-Term Protections

Whistleblower retaliation cases will often involve settlement discussions, either during OSC investigations or MSPB appeals. Our lawyer works to negotiate agreements that will:

• Restore the employee's position or provide a comparable reassignment
• Compensate the employee for lost wages, benefits, or career opportunities
• Protect the employee from further retaliation
• Remove or revise negative personnel records
• Include confidentiality or non-disparagement provisions
• Address emotional harm and career rehabilitation

Contact Our Washington, D.C. Whistleblower Retaliation Attorney

If you are a federal employee who has been targeted for speaking out against wrongdoing, you do not have to face retaliation alone. You have legal protections that allow you to defend against unjust agency actions. At Federal Employee Legal Services Center, we will work to protect your rights, hold government agencies accountable, and help you move forward in your federal career. Contact our Washington, D.C. whistleblower protection lawyer at 202-204-2226 to arrange a free consultation.