Whistleblower Retaliation & OSC Complaints
The Federal Practice Group represents federal employees facing retaliation due to whistleblowing. We can assist you with filing a Prohibited Personnel Practices (PPP) complaint with the U.S. Office of Special Counsel (OSC).
This independent federal Agency investigates and prosecutes whistleblower retaliation cases. If OSC accepts your case, it will assist you in obtaining corrective action. If OSC does not accept your complaint, or if you have exhausted your administrative remedy with OSC, then OSC may issue an Individual Right of Action (IRA) notice to you, giving you the right to file your whistleblower retaliation case with the U.S. Merit Systems Protection Board (MSPB), where you may have a hearing on your complaint.
Have You Been Subject to Retaliation Due to Whistleblowing?
When a federal employee blows the whistle by making a protected disclosure against an agency, and then suffers an adverse action or consequences, that employee has the right to file a complaint with the Office of Special Counsel.
The first step OSC will take is to determine whether you have made a protected disclosure, meaning disclosure of:
- A violation of law, rule or regulation;
- gross mismanagement;
- a gross waste of funds;
- an abuse of authority or
- a substantial and specific danger to public health or safety.
Next, OSC will look for evidence that the whistleblowing was a “contributing factor” in the adverse personnel action threatened or taken against you. Often this is done through the “knowledge/timing” test, which means that the official who took or threatened the adverse action knew OSC of the protected disclosure, and the adverse action happened within a short enough time after the disclosure to create a causal nexus.
If the OSC does not pursue investigating the complaint, the individual has 65 days from the notification date to file an Individual Right of Action, or IRA, appeal with the MSPB. At the MSPB, the Administrative Judge will also determine whether the Agency can demonstrate by clear and convincing evidence that it would have taken the same action without whistleblowing.
An FPG Whistleblower Protection Lawyer Can Help
Our firm stands behind federal employees facing retaliation because they “blew the whistle” on fraud, waste, or abuse by a federal agency.
We can represent you in filing a prohibited personnel practice complaint with OSC if you have faced such retaliation for being a whistleblower. Similarly, if you are looking for a safe place to make a protected disclosure of fraud, waste, or abuse to the OSC, we have attorneys ready to help.
The Federal Practice Group also represents whistleblowers bringing Individual Right of Action (IRA) appeals before the MSPB. We have a long-standing history of successfully assisting federal employees with the Office of Special Counsel.
Our specialties include:
- Initiating a claim.
- Working with the OSC in investigation and prosecution.
- Transitioning to an MSPB appeal in cases where the OSC declines to pursue the claim.
- More than 125 years of combined experience handling federal matters.
- Skilled litigators who have demonstrated the proven ability to secure results.
- Team of insightful legal advocates who work to protect federal employees.
Our firm can determine the legitimacy of any case, no matter your location, and we will work hard to provide the highest-quality legal service available nationwide.
Contact a whistleblower protection lawyer to help you pursue an OSC claim for protection or reimbursement for inappropriate retribution.
Our Practice Focus
What Makes Us Different
From EEO complaints to adverse actions, our experienced federal employment attorneys ensure your entitlement to due process and legal representation every step of the way.
Represent government employees at all federal agencies, nationwide and overseas
Highly-skilled MSPB appeals attorneys with a proven track record
Notable success in EEO complaints and appeals
Frequently Asked Questions
Federal employees are protected from discrimination based on sex, gender, color, race, national origin, religion, age, and disability, and have the right to file an EEO complaint against their agency should they face discrimination. Federal employees also have the right to due process before being subjected to an adverse action.
Yes, federal employees can sue for discrimination, but first you must exhaust administrative remedies, which includes filing a formal complaint with your agency and letting 180 days pass. In many instances, federal employees elect to pursue their EEO complaints through the EEOC’s hearing process instead of filing a civil action.
Federal employees must initiate contact with an EEO Counselor within 45 days of any act of discrimination. After an informal complaint stage, you will be issued a Notice of Right to File a formal complaint, which will permit you 15 days to do so.
Federal employees do not have the right to sue for wrongful termination the way private sector employees do, but most federal employees have the right to appeal a removal to the MSPB, which will adjudicate whether the Agency can sustain any charges raised against you.
Yes, most federal employees can file a complaint against their agency with the U.S. Office of Special Counsel (OSC) if they are facing whistleblower retaliation. If OSC does not accept your complaint for investigation and prosecution, OSC will issue you an Individual Right of Action (IRA) notice giving you the right to pursue corrective action at the MSPB. Federal employees do not have the right to sue in court under the Whistleblower Protection Act.