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MSPB: Introduction to the Whistle-blower Reprisal Thread (Post 1)

Over the coming weeks, we will be posting a series of articles about Whistle-blower reprisal appeals before the MSPB. Whistle-blower appeals are some of the more difficult cases to bring before an Administrative Judge of the MSPB, for many reasons.

One of the reasons for this is the statute itself is poorly written and so narrowly interpreted that it often fails to provide any real protection to those that try to keep our Executive Branch safe, dignified, and fiscally sound.

Another reason is that the Agency that is charged with the task of protecting Executive Branch Whistleblowers is itself under investigation for whistleblower reprisal and, well, gross mismanagement.

A third reason is that well-paid and under-worked government attorneys (just kidding, for my friends on the other side of the bar) can be very creative legal thinker. As is the case in any area of the law, bad facts in a handful of cases have turned into bad law in myriads of cases.

In any event, here are the subjects of some upcoming posts about the Whistleblower Protection Act, and reprisal appeals before the MSPB. As the articles are posted, you will be able to click the underlined text and review that post.

Post 1: Introduction to Whistle-blower Reprisal thread

Post 2: What is the Whistle-blower Protection Act

Post 3: Are you a Whistle-blower?

Post 4: To OSC or not to OSC: Administrative Remedies under the Whistleblower Protection Act

Post 5: Burdens of Proof - Jurisdictional v. Merits

Post 6: The Invisible Nexus: Discovery in Whistleblower Reprisal cases

Post 7: Damages in Whistleblower Reprisal Cases

No post on this website is legal advice, is meant to be legal advice, and certainly does not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the federal employee, with some power. This information is not widely or easily accessible to Federal Employees.

Chris Attig, a lawyer with the Attig Law Firm, PLLC, has handled whistle-blower reprisal appeals before the Merit Systems Protection Board (MSPB). It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) appeals to discuss the facts and law of your particular case, particularly in a whistle-blower reprisal appeal. If you think you are a whistle-blower, and you think that your Agency may have retaliated against you because of that, contact the Attig Law Firm, PLLC, to schedule a telephone consultation.