INTRODUCTION TO THE WHISTLEBLOWER PROTECTION ACT Call Nashville whistleblower attorney Timothy L. Miles today for a free and confidential case evaluation
The Whistleblower Protection Act of 1989 (WPA) makes it illegal to retaliate against most employees in the executive branch who expose significant wrongdoing within their agency or engage in protected behavior. This act, which builds upon the Civil Service Reform Act of 1978, was amended in 1994 and further reinforced in 2012 through the unanimous passage of theWhistleblower Protection Enhancement Act. It has received widespread bipartisan support from both houses.
wHO IS COVERED UNDER THE WHISTLEBLOWER PROTECTION ACT?
Most individuals who work or have worked in the executive branch, as well as job applicants, are protected by the WPA. This is because they are part of the merit system that governs the federal civil service under Title 5 of the U.S. Code. Additionally, employees of the Government Publishing Office, which is a Legislative Branch agency, are also covered by the WPA (5 U.S.C. § 2302(a)(2)(C)).
However, there are certain exceptions to the WPA's protections for executive branch employees. These include political appointees such as federal inspectors general, uniformed military service members, noncareer Senior Executive Service employees, employees of the 17 different intelligence community "elements" and the FBI, members of the U.S. Public Health Service Commissioned Corps, officers of the National Oceanic and Atmospheric Association (NOAA) Commissioned Corps, and employees of the U.S. Postal Service. Under the WPA, individuals who fall within its protections have certain rights and safeguards when it comes to disclosing wrongdoing or misconduct. PROTECTIONS PROVIDED BY THE WPA:
Employees in the Executive Branch have the opportunity to expose any wrongdoing within their agency, including potential misuse of taxpayer funds. The WPA provides guidelines for lawful disclosures and behavior under 5 U.S.C. § 2302(b)(8)-(9). It is important to note that the WPA requires a "reasonable belief" standard to determine if a disclosure is protected by the law. The key factor in determining reasonable belief is whether other knowledgeable individuals would agree with the concerns raised by the whistleblower. This means that even if an employee is mistaken in what they disclose, they can still be protected if their belief was reasonable given the circumstances.
Furthermore, the motive behind a whistleblower's decision to speak out is irrelevant, except when assessing their credibility. Regardless of why the disclosure was made, whistleblowers are still entitled to legal protections for the information they bring to light under the law (5 U.S.C. § 2302(f)). Protected Disclosures of Information
The WPA safeguards employees who reveal information that they genuinely believe demonstrates any of the following:
The WPA safeguards the revelation of information pertaining to agency policy choices and/or suppression of research, analysis, or technical data if the individual reporting the information genuinely believes that the repercussions of the policy decision or censorship in question would lead to one of the mentioned forms of misconduct that are protected. The WPA does not provide protection for mere disagreement with management regarding agency policies. (5 U.S.C. § 2302(a)(2(D)). Audience for Disclosures
Protected disclosures have the option of being made either internally, within the agency, or externally, with some exceptions for sensitive material. The WPA safeguards public disclosures as long as the information being disclosed is not restricted from release by executive order or prohibited by statute (5 U.S.C. § 2302(b)(8)(A)).
Even when a public disclosure is not protected by the WPA, the law still provides protection for disclosures made to federal inspectors general, the Office of Special Counsel, and authorized individuals within the whistleblower's agency (5 U.S.C. § 2302(b)(8)(B)). classified information
Revealing classified information through unauthorized means is against the law. Engaging in such actions may lead to criminal charges.
The WPA safeguards the disclosure of classified information to duly authorized individuals in Congress. This protection applies when the information was classified by a non-intelligence agency and does not expose intelligence sources or methods. (5 U.S.C. §2302(b)(8)(C)). THE ROLE OF CONFIDENTIALITY
A whistleblower who discloses information under the WPA may or may not desire to keep their identity confidential. There are certain situations where specific audiences are obligated to maintain the confidentiality of a whistleblower, unless they have received explicit written consent or certain exceptions apply. These include:
It is important to note that whistleblowers whose confidentiality is violated do not have recourse under the WPA. WHISTLEBLOWER RIGHTS SUPERSEDE AGENCY ORDERS RESTRICTING SPEECH
Agencies are prohibited from silencing their employees from making legal disclosures through policies, orders, or agreements. If there are any limitations on employee speech, they must include the exact wording of the clause in 5 U.S.C. § 2302(b)(13) that emphasizes the priority of whistleblower rights in case of any conflicts.
Investigating the Alleged Misconduct
After a whistleblower comes forward with their disclosure, an independent inquiry may be conducted to investigate the allegations. Once the investigations are completed and the wrongdoing is verified, necessary actions such as policy changes or corrective measures may be implemented.
Various entities have the authority to investigate whistleblowing disclosures, including offices of inspectors general, Congress, the media, and independent government watchdog organizations. Notably, the Office of Special Counsel (OSC) follows a specific investigation process with defined time limits, during which they can order an agency investigation based on the whistleblower's disclosure, in accordance with statutory requirements. These investigations are typically carried out by the relevant office of inspector general under the supervision of the OSC (5 U.S.C. § 1213). The final report from the agency, along with any comments provided by the whistleblower and the OSC's own assessment, are made available to the public on the OSC's website. They are also shared with the leadership of congressional committees responsible for oversight and with the President. Protected Conduct
In addition to protecting disclosures of information, the WPA also prohibits retaliation when covered employees engage in certain conduct, including:
If You Are Thinking of Blowing the Whistle, Contact Nashville Whistleblower Attorney Timothy L. Miles Today
If you have knowledge of fraud against or by the federal government, contact Nashville whistleblower attorney Timothy L. Miles who can guide you through the whistleblower process and explain your whistleblower protections. The consultation is free and confidential. Just complete the form below to get started or call (855) Tim-M-Law. Ask a Nashville whistleblower attorney, you could be entitled to a significant whistleblower award.
Please also visit our Resources center which provides a wealth of information on whistleblower lawsuits, among others. Call today and see what a Nashville whistleblower attorney can do for you.
The Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center 300 Centerview Dr., #247 Brentwood, TN 37027 Phone: (855) 846–6529 Email: [email protected] Nashville whistleblower attorney Timothy L. Miles
Nashville attorney Timothy L. Miles is a nationally recognized shareholder rights attorney raised in Nashville, Tennessee. Mr. Miles has dedicated his career to representing shareholders, employees, and consumers in complex class-action litigation. Whether serving as lead, co-lead, or liaison counsel, Mr. Miles has helped recover hundreds of millions of dollars for defrauded investors, shaped precedent-setting decisions, and delivered real corporate governance reforms. Judges and peers have repeatedly recognized Mr. Miles’ relentless advocacy for the underdog, as well as his unbendable ethical standards. Mr. Miles was recently selected by Martindale-Hubbell® and ALM as a 2022 Top Ranked Lawyer, 2022 Top Rated Litigator. and a 2022 Elite Lawyer of the South. Mr. Miles also maintains the AV Preeminent Rating by Martindale-Hubbell®, their highest rating for both legal ability and ethics. Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association,Class Action: Class Action: Top National Trial Lawyers, National Trial Lawyers Association (2023), a superb rated attorney by Avvo, a recipient of the Lifetime Achievement Award by Premier Lawyers of America (2019) and recognized as a Distinguished Lawyer, Recognizing Excellence in Securities Law, by Lawyers of Distinction (2019); a Top Rated Litigator by Martindale-Hubbell® and ALM (2019-2022); America’s Most Honored Lawyers 2020 – Top 1% by America’s Most Honored (2020-2022). Mr. Miles has published over sixty articles on various issues of the law, including class actions, whistleblower cases, products liability, civil procedure, derivative actions, corporate takeover litigation, corporate formation, mass torts, dangerous drugs, and more. Please visit our website or call for free anytime. Comments are closed.
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