Filing a Whistleblower Complaint as a Federal Employee

Several Whistleblower Laws Protect Current and Former Federal Employees

Federal employees and former federal employees can report all forms of fraud, waste, and abuse (FWA) perpetrated both within and against the United States government. Those who make protected disclosures are entitled to strong protections—and they are entitled to appropriate remedies if the federal government retaliates against them unlawfully.

Current and former federal employees who blow the whistle can also receive monetary awards in certain cases. Our attorneys help current and former government employees come forward through the appropriate channels, and we help our clients assert their statutory rights as warranted.

Serving as a Whistleblower When You Work (or Worked) for the Federal Government

The two primary statutes that protect federal employees are the Whistleblower Protection Act (WPA) and the Whistleblower Protection Enhancement Act (WPEA). These statutes protect whistleblowers who contact authorized officials or other authorized recipients, and they prohibit federal agencies from taking adverse personnel actions based on employees’ decisions to come forward.

Broadly, there are three key aspects to blowing the whistle as a current or former employee of the federal government:

1. Exposing a Violation of a Federal Law, Rule, or Regulation

Federal employees can serve as whistleblowers if they have a reasonable belief that they have information about a violation of a federal law, rule, or regulation. This means that current and former employees can file complaints in cases involving allegations such as:

Fraud, Gross Mismanagement, or Gross Waste

Individuals who have information about fraud, gross mismanagement, or gross waste of funds through their federal employment can file complaints with the appropriate federal authorities. While most federal employees come forward with information about fraud, gross mismanagement, or gross waste within their employing agency, federal personnel can report these forms of misconduct within other federal agencies as well.

Abuse of Authority

Federal employees can also report abuses of authority by agency officials under the WPA and WPEA. This includes abuses of authority such as nepotism and other prohibited personnel practices (PPPs), as well as other abuses that are specifically prohibited under applicable statutory provisions or regulatory requirements.

Bribery or Corruption

Federal employees can also report all forms of bribery and corruption. This includes efforts to bribe federal contractors and foreign officials as well as accepting bribes in exchange for awarding federal contracts and disbursing federal funds. When whistleblower disclosures involving bribery and corruption have national security implications, this further increases the importance of coming forward promptly.

Specific Danger to Public Health or Safety

Federal whistleblower complaints can also involve substantial and specific dangers to public health or safety, including dangers related to grant awards and grant oversight. If you are aware of a federal grantee receiving funds it shouldn’t have received or misreporting data to the government or the public at large, our attorneys can assist you with coming forward as warranted.

Another Violation of Federal Law

Current and federal employees can expose numerous other types of statutory violations as well. Along with reporting fraud, gross waste or mismanagement, an abuse of authority, or a substantial and specific danger to public health or safety, federal personnel can also report violations such as:

Exposing confidential government agents

Exposing classified information

Improperly enforcing nondisclosure agreements (NDAs) to discourage whistleblowing

These, too, are just examples. Ultimately, if you are thinking about blowing the whistle for any reason, our attorneys can help you understand your situation and make informed decisions about your next steps.

2. Exposing Violations By Federal Officials, Contractors, Subcontractors, Grantees, and Personal Services Contractors

Along with filing whistleblower complaints against government officials, current and former federal personnel can also file whistleblower complaints, against contractors, subcontractors, grantees, personal services contractors, and various other entities. A federal employee responsible for properly exposing wrongdoing through the appropriate channels is entitled to protection regardless of the entity involved.

3. Contacting the Appropriate Federal Office or Agency

The steps that current and former federal employees must take to serve as a whistleblower depend on the nature of the information they have in their possession, their position (or former position) within the federal government, and various other factors. With this in mind, some examples of potential authorized recipients of protected disclosures include:

Government Accountability Office (GAO)

Merit Systems Protection Board (MSPB)

Office of Inspector General (OIG) Whistleblower Protection Coordinators

Office of Special Counsel (OSC)

U.S. Department of Justice (DOJ)

This list is not exhaustive. Depending on the circumstances, current and former federal personnel may be able to file complaints with other law enforcement agencies as well, and federal personnel can also make protected disclosures to Congressional committees and other federal authorities in appropriate cases. Once you get in touch, our attorneys will be able to help you make an informed decision about how to proceed based on the specific circumstances at hand.

Whistleblower Protections Afforded to Current and Former Employees Who Come Forward

There are three key protections under the whistleblower protection laws that apply to federal personnel. These protections are:

1. Strict Confidentiality (or Anonymity)

Federal employees are entitled to strict confidentiality when they come forward as whistleblowers. Federal employees have the option of coming forward anonymously in many cases as well. When we come forward on an employee’s behalf, we work with the appropriate federal authorities to help ensure that our clients’ identities remain protected.

2. Protection Against Retaliatory Employment Action

A current employee, former employee, or applicant who comes forward as a whistleblower is also entitled to protection against retaliatory employment action. When federal employers commit prohibited personnel practices against whistleblowers, whistleblowers are entitled to clear remedies (including monetary damages in most cases). While it is unlikely to be necessary, our attorneys will be fully prepared to file a whistleblower retaliation complaint on your behalf if necessary.

3. Protection Against Retaliatory Security Clearance Action

Along with protection against retaliatory employment action, federal whistleblowers are also entitled to protection against retaliatory security clearance action. Here too, while unlikely, if you suddenly and unexpectedly lose your security clearance after coming forward, our attorneys can take appropriate legal action on your behalf.

Whistleblower Rewards in Cases Involving Current and Former Federal Employees

Although the rules regarding whistleblower rewards are different for federal personnel and whistleblowers in the private sector, federal personnel can receive whistleblower rewards in some cases. Whistleblower awards generally are not available when exposing the wrongdoing in question falls within an employee’s obligations; however, federal employees can claim rewards in certain other circumstances.

Our attorneys can assess your eligibility to seek a whistleblower reward; and, if you are eligible to seek a reward, we can work with the appropriate authorities to claim your reward if your whistleblower case is successful. To find out if you are eligible, contact us for a free and confidential consultation today.

FAQs: Filing a Whistleblower Complaint as a Federal Employee

Schedule a Free and Confidential Consultation with a Federal Whistleblower Attorney

Do you need to know more about filing a whistleblower complaint as a current or former federal employee? If so, we encourage you to contact us promptly. Call 888-680-1745 or contact us online to schedule a free and confidential consultation as soon as possible.