In May 2006, the Supreme Court’s Garcetti v. Ceballos decision effectively denied constitutional free speech protection to government employees who disclosed waste, fraud or abuse while carrying out their job duties.

Unfortunately for government employees and those interested in an efficient and lawful federal government, Garcetti was only another decision in a long of cases that chipped away at legal protection for whistleblowers. In a recently published article, the Federal Circuit Court of Appeals (which has exclusive authority to hear whistleblower cases) has almost unanimously ruled against whistle-blowers: 129 out of 131 cases since 1994.

The Senate bill, called the Federal Employee Protection of Disclosures Act, S.274, is an attempt at immediate reform of the Whistleblower Protection Act. Among the provisions of the proposed law are:

• Language that expands whisteblower protection to all lawful communication of misconduct.
• Bans the illegal agency gag orders that are often used by Agencies against national security whistleblowers.
• Provides protection against retaliatory investigations, giving whistleblowers a chance to end reprisals in their early stages.
• End the Federal Circuit Court of Appeals monopoly on appellate review of the Whistleblower Protection Act.
• Strengthen the Office of Special Counsel’s authority to seek disciplinary sanctions against managers who retaliate.

We should know pretty soon if this reform will pass.

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. If you have blown the whistle on government waste, fraud, abuse or gross mismanagement, and feel that your Agency has retaliated against you for this, it is always best to consult with a federal employee lawyer with familiarity in prosecuting and defending whistleblower cases.

The Attig Law Firm represents Federal employees who have been the victims of reprisal for blowing the whistle on government waste, fraud, abuse and gross mismanagement. 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 an attorney or 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.