The new Full MSPB has released what appears to be a first step towards improving the protections for Federal employees who are whistleblowers.

In a recent decision, the  MSPB clarified what constitutes a personnel action in an Individual Right of Action (IRA) Appeal.  Weed v. Social Security Administration, 2010 MSPB 23 (January 28, 2010).

In that case, an applicant for Federal Employment complained that an Agency decided not to select him for a postion in reprisal for disclosures he had made in 2006 [...]

ABC News is broadcasting video tonight of an FAA seminar in Atlanta.  Federal whistleblowers have reported that the FAA may have spent $5 million dollars to bring 3,600 managers to a conference in Atlanta that critics are saying was nothing more than a 3-week long Christmas party.  In response the FAA said that it was not a party but essential training sessions for the managers to learn.  The video footage of this party looks like no [...]

The following Press Release has been cut and pasted directly from the Government Accountability Project (www.whistleblower.org) website, and was not written by the Attig Law Firm:

“Maria Garzino, United States Army Corps of Engineers (USACE) mechanical and civil engineer, will be awarded the 2009 Public Servant Award of the Year by the Office of Special Counsel (OSC) on Wednesday, December 16.

Garzino is credited with revealing the inadequate state of New Orleans floodwater pumps built by the USACE after Hurricane Katrina. The [...]

When a Federal employee is removed for failing to maintain a security clearance, the  MSPB may only review that decision to determine whether the Agency met its burden of proof that:

1) the employee’s position required a security clearance;

(2) the employee’s security clearance was denied or revoked;

(3) transfer to a non-sensitive position was not feasible; and

(4) the agency followed the procedural requirements of 5 U.S.C. § 7513 in processing the removal action

In a recent case decided by the MSPB, the full Board applied the Egan [...]

In October, a Senate Panel vetted two of President Obama’s nominees for the Merit Systems Protection Board.  The nominees are Susan Tsui Grundmann  (nominated as chair of the MSPB) and Anne Marie Wagner (nominated to be her vice chairman).   The panel was chaired by Senatory Daniel Akaka (D-Hawaii), who has in the past introduced legislation for reform of the Federal Whistleblower Protection Act.

In his opening statement, chairman Akaka  focused on what he [...]

Occasionally, we see a proposal letter that is so poorly or broadly worded that the Federal Employee is not fully informed of the charges that the Agency has brought against them.

When removing a Federal Employee, Merit Systems Protection Board (MSPB) case law is clear that 5 U.S.C. § 7513(b)(1) requires that the Federal government Agency give the Federal employee advance writtten notice stating the specific reasons for the proposed adverse action. The MSPB has consistently held that a Federal employee [...]

Attorney Chris Attig, an attorney with experience before the Merit Systems Protection Board (MSPB), discusses how the Administrative Judge considers the credibility of witnesses at an MSPB hearing.

This post is part of a continuing series describing the general discovery tools available to Federal Employees who are Appellants before the Merit Systems Protection Board (MSPB) and/or Complainants before the Equal Employment Opportunity Commission (EEOC). Both the MSPB and the EEOC afford Appellants (or Complainants) the opportunity to pursue discovery.  While the timelines and the amounts of discovery allowed are quite different, the basic ideas of what discovery is and how it should be used are very similar.

There are [...]

Both the MSPB and the EEOC afford Appellants (or Complainants) the opportunity to pursue discovery.   While the timelines and the amounts of discovery allowed are quite different, the basic ideas of what discovery is and how it should be used are very similar.

Discovery is a very important part of your case.  In an EEO case, you [...]

Your managers have training on Employment Law, why don’t the workers?

Mr. Attig is founder of the Attig Law Firm, a Firm that regularly represents Federal Employees before the EEOC, MSPB, OWCP, OPM and OWCP.  Clients, potential clients, and various employee organizations have commented on how helpful Mr. Attig’s straightforward and candid explanations of Federal Employment laws, processes, and forums have been to them.

Mr. Attig is available to come to your organization, union, workplace, or association to speak and/or train your [...]