INTRODUCTION TO WHISTLEBLOWING Contact Nashville Whistleblower attorney Timothy L. Miles today for a free and confidential consultation case evaluation
A whistleblower is anyone who has and reports insider knowledge of illegal activities occurring in an organization. A whistleblower can be an employee, supplier, contractor, client, or any individual who becomes aware of illegal business activities. If you have knowledge of a person or company attempting to defraud the federal government, and you come forward with this information, you could be receive a whistleblower award for your courage and blowing the whistle by filing a whistleblower lawsuit and do so with the knowledge you have strong whistleblower protections against whistleblower retaliation.
If you are thinking of blowing the whistle, contact Nashville whistleblower attorney and litigation attorney Timothy L. Miles, who has valuable experience and has received numerous awards, mostly due to his high ethical standards, and hard work ethic, including most recently being named an Avvo Rated Top Lawyer 2024 by AVVO, Top 25 Class action lawyer by the National Trial Lawyers Association (2023-present), a Top 100 Civil Plaintiff Trial Lawyer by the National Trial Lawyers Association (2017-present) and has maintained an AV rating from Martindale-Hubble since 2014 (2014-present), was named a 2023 Top Rated Litigator (2019-present) and 2023 Top Rated Lawyer (2019-present) and 2023 Elite Lawyer of the South by Martindale-Hubble (2019-present), and was a recipient of the Avvo Client’s Choice Award in 2021, in 2022 was featured in the Top 100 Lawyers Magazine (2022) and received the Lifetime Achievement Award by Premier Lawyers of America (2019–2021). Contact a Nashville whistleblower attorney today, located conveniently in Brentwood, TN a suburb of Nashville. (855) 846–6529 or [email protected]. In this magisterial guide, we will discuss everything you need to know about the Whistleblower Protection Act (WPA). SUMMARY OF THE WHISTLEBLOWER PROTECTION ACT
The WPA, including its amendments, safeguards the majority of employees in the federal executive branch from retaliatory actions when they report major misconduct within an agency or participate in protected activities like giving testimony to Congress. This guide outlines the essential protections and operations of the law, along with the primary agencies responsible for its enforcement.
Who is covered under the WPA?
The majority of individuals working in the executive branch, as well as former employees and job applicants, are protected under the WPA. This protection extends to staff at the Government Publishing Office, a legislative branch entity. However, certain executive branch personnel are not covered by the WPA, including but not limited to:
what are protected disclosures under the WPA?
The WPA safeguards employees who report information they reasonably perceive as evidence of:
Additionally, the WPA offers protection for disclosures concerning agency policy decisions and/or censorship that pertain to research, analysis, or technical data, particularly if the outcomes of such decisions or censorship would lead to the aforementioned misconduct. WHAT IS PROTECTED CONDUCT?
The WPA not only safeguards information disclosures but also forbids retaliation against employees who undertake specific actions, such as:
THE ENFORCEMENT PROCESS UNDER THE WPA Call Timothy L. Miles for a free case evaluation if you are planning on blowing the whistle
The WPA bars individuals with power from engaging in, omitting to engage in, or threatening specific "personnel actions" due to an employee's whistleblowing. The procedure for obtaining redress for possible illegal retaliation is intricate and can entail multiple agencies along with rigid deadlines for administrative submissions. For instance, the legislation enforces a three-year deadline for lodging a retaliation complaint. (5 U.S.C. § 1214(a)(6)(A)(iii)).
WHAT IS THE OFFICE OF SPECIAL COUNSEL?
The Office of Special Counsel (OSC) operates as an autonomous body within the executive branch, tasked with the investigation and potential prosecution of illegal whistleblower retaliation. Should OSC determine that retaliation has occurred, it may advise the involved agency to implement corrective measures, which might include disciplinary actions against the individual responsible for the retaliation. Furthermore, OSC has the authority to enforce its suggestions via the Merit Systems Protection Board (MSPB), which functions as a quasi-judicial entity. During the period in which a claim is under consideration, OSC is empowered to request provisional relief or "stays" of any ongoing personnel actions. Additionally, OSC offers an Alternative Dispute Resolution program, enabling whistleblowers and agencies to engage in settlement negotiations. If OSC fails to secure relief within a 120-day timeframe, the whistleblower has the option to present their case directly to the MSPB.
wHAT IS THE Merit Systems Protection Board? Call Nashville whistleblower attorney Timothy L. Miles today for a free and confidential case evaluation today
The Merit Systems Protection Board (MSPB) operates as an autonomous, quasi-judicial federal body tasked with, among other duties, handling and ruling on whistleblower retaliation complaints filed under the WPA. The MSPB uses administrative judges and a three-member board to review appeals. Whistleblowers facing significant personnel actions, such as dismissal, suspensions exceeding 14 days, or demotions in rank or salary, have the right to appeal these decisions directly to the MSPB. For less serious personnel actions, whistleblowers are required to pursue administrative remedies through the OSC before approaching the MSPB. It is noteworthy that those who can directly approach the MSPB may still opt to initially file with the OSC if they wish. If whistleblowers do not prevail at the administrative judge level, they have the option to escalate their appeal to a federal appeals court; however, they are not entitled to a jury trial.
WHAT RELIEF CAN YOU GET FOR RETALIATION UNDER THE WPA?
The enforcement measures under the WPA are designed to counteract retaliation. The MSPB is authorized to provide relief through:
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 Timothy L. Miles is a top-rated and AV preeminent lawyer in Nashville, Tennessee and a nationally known class action and products liability lawyer who has been leading the fight to protect consumer rights for over 22 years. Mr. Miles received a Bachelor of Science in Psychology from Belmont University in Nashville, Tennessee in 1995 and his J.D. from the Nashville School of Law in May 2001, graduating third in his class, and was made a member of the Honorable Society of Cooper’s Inn which is reserved for students graduating in the top ten percent of their class. Comments are closed.
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