Whistleblower Protection

The Whistleblower Protection Act protects employees who call attention to fraud, waste and abuse, and further protect employees from reprisal.

Prior to bringing an action under the Act, an employee must first seek the assistance of the Office of Special Counsel (OSC).

If the allegation is sustained, the OSC files a written complaint with the Merit Systems Protection Board (MSPB).

If OSC notifies the employee that its investigation is over and OSC will not act, the employee has 60 days to file a complaint directly with the MSPB. If the employee receives no notice from OSC within l20 days of filing the complaint, the employee may also file an individual action with the MSPB.

The Act requires the MSPB to refer managers for disciplinary action whenever there is a finding that reprisal was a contributing factor in a personnel action, including:

• Removal

• Reduction in grade

• Debarment from federal service for up to 5 years

• Suspension

• Reprimand

• Civil penalty not to exceed $1,000

The individual may appeal any adverse decision to the US Court of Appeals for the Federal Circuit.

The OSC may also recommend disciplinary action to be taken against members of the Armed Forces.