What is the Whistleblower Protection Act?

The Whistleblower Protection Act (WPA) Protects Federal Employees Who Expose Fraud, Waste, and Abuse

The Whistleblower Protection Act (WPA) prohibits federal government employers from retaliating against employees who blow the whistle on fraud, waste, abuse, and other forms of wrongdoing. Under the WPA, if a federal agency violates an employee’s rights, the employee can seek damages and/or other appropriate remedies.

Just like employees in the private sector, public-sector employees are entitled to strong whistleblower protections under federal law. Specifically, the Whistleblower Protection Act (WPA) prohibits federal employers from retaliating against federal employees who come forward through the appropriate channels.

Whistleblower retaliation is a clear violation of the WPA, and current and former federal employees who have experienced retaliation are entitled to clear remedies. Current and former employees can choose which remedies they want to pursue—whether this involves seeking financial compensation or seeking reinstatement of their employment.

How the Whistleblower Protection Act (WPA) and Whistleblower Protection Enhancement Act (WPEA) Work Together to Protect Federal Employees

Protecting whistleblowers is—and has long been—a priority for the federal government. While the federal government has substantial resources at its disposal, agencies across the government still rely heavily on whistleblowers to come forward.

In 2012, Congress enacted the Whistleblower Protection Enhancement Act (WPEA) to further strengthen the protections available to federal employees. The WPEA protects federal employees in more circumstances than the WPA did previously, and it also makes clear that federal employers cannot use non-disclosure agreements (NDAs) to prohibit whistleblowing—though federal employees must still be careful when filing whistleblower complaints based on classified information.

Today, the WPA and WPEA work together to protect federal employees in a wide range of circumstances. While federal agencies are supposed to demonstrate a commitment to protecting whistleblowers, the unfortunate reality is that unlawful retaliation is still an issue across the federal government.

Federal Employees Are Protected When They Report Fraud, Waste, and Abuse (FWA) Through the Appropriate Channels

Under the WPA and WPEA, federal employees are protected when they report fraud, waste, and abuse (FWA) through the appropriate channels. These provisions of the United States Code also protect federal employees when they properly disclose other forms of wrongdoing. Protections are available to eligible federal workers who report violations including (but not limited to):

• FWA under federal contracts, grants, and programs
• Gross waste and gross mismanagement of federal funds
• A substantial and specific danger to public health or safety
• A threat to national security
• Other forms of misconduct within the federal government or committed by federal contractors

Federal workers who are prepared to serve as whistleblowers may have various options for coming forward. Depending on the circumstances, contacting the U.S. Department of Justice (DOJ), an Office of Inspector General (OIG), a supervisor or another appropriate agency official, a federal court, the Office of Special Counsel (OSC), the Government Accountability Office (GAO), and Congress are all potential options. If you are contemplating coming forward as a federal whistleblower, our attorneys can help you make an informed decision about how to proceed, and we can assist you with making an appropriate disclosure that will establish your right to protection under the WPA and WPEA.

Federal Agencies Are Prohibited from Retaliating Against Employees Who Qualify as Whistleblowers

As discussed above, the primary protection afforded by the WPA and WPEA is that it prohibits retaliation against whistleblowers. While some federal whistleblower laws include provisions for monetary rewards, the WPA and WPEA do not. Even so, coming forward as a federal whistleblower can still be well worth it; and, as discussed in our FAQs below, federal employees may be eligible to seek monetary rewards under other federal whistleblower laws in some cases.

Federal Employees (and Former Federal Employees) Are Entitled to Damages and/or Other Remedies if They Experience Whistleblower Retaliation

As we mentioned above, federal employees who experience retaliation in violation of the WPA and WPEA may be entitled to various remedies. If you are a victim of unlawful whistleblower retaliation, it will be up to you to decide what remedies you want to pursue for your federal employer’s prohibited personnel action.

With this in mind, the remedies that are generally available to whistleblowers under the WPA and WPEA include:

• Back pay and benefits
• Front pay and benefits
• Additional compensatory damages
• Reinstatement or placement in an appropriate position
• Attorneys’ fees and costs

Importantly, while whistleblowers who have retaliation claims under the WPA and WPEA are entitled to recover their attorneys’ fees and costs, whistleblowers can generally engage legal counsel at no out-of-pocket cost. If you are interested in blowing the whistle, you can get started with a free initial consultation, and then you can make an informed decision about your next steps. Scheduling a free initial consultation does not obligate you to come forward.

Filing a Whistleblower Retaliation Claim with the Office of Special Counsel (OSC)

For federal employees, filing a whistleblower retaliation claim generally involves submitting a formal complaint to the Office of Special Counsel (OSC). The OSC handles complaints involving prohibited personnel practices (PPPs), and whistleblower retaliation constitutes a PPP under federal law. Filing a complaint with the OSC requires evidence that:

• The federal employee made a protected disclosure based on a reasonable belief;
• The federal employer’s retaliatory action was “taken, . . . threatened, or influenced by an official who knew of the employee’s disclosure;” and,
• The federal employee’s decision to come forward was a “contributing factor” in the retaliatory action.

Our attorneys are intimately familiar with the requirements for establishing a valid retaliation claim under the WPA and WPEA; and, if you have grounds to file a claim, we can prepare and submit a formal complaint on your behalf. We can also represent you before the OSC and in any negotiations with your federal employer (or former federal employer), and we will help you make informed and confident decisions every step of the way.

FAQs: Understanding the Whistleblower Laws that Apply to Federal Employees Government

Schedule a Free and Confidential Consultation with an Experienced Federal Whistleblower Attorney

To schedule a free and confidential consultation with one of our experienced federal whistleblower attorneys, contact us today. We represent current and former federal employees throughout the United States and worldwide. To speak with an experienced attorney in strict confidence as soon as possible, call us at 866-320-3959 or tell us how we can reach you online now.