The Employment Law Group® Law Firm Defeats Motion to Dismiss in D.C. Whistleblower Protection Act Case

On December 16, 2008, Judge Rosemary M. Collyer of the U.S. District Court for the District of Columbia denied defendant’s motion to dismiss in Mr. Stephen Amos’s whistleblower retaliation claim against the District of Columbia under the D.C. Whistleblower Protection Act.  In his complaint, Mr. Amos, the former Chief of Staff for the District of Columbia Department of Transportation, alleges, among other things, that the District of Columbia terminated his employment because he disclosed fraudulent contracting practices.  D.C. asserted that Mr. Amos’s disclosures are not protected under the D.C. Whistleblower Protection Act because given the broad discretion and available waivers in the contracting regulations, it was not reasonable for Mr. Amos to believe that anything he reported was illegal.  Judge Collyer rejected defendant’s argument, holding that Mr. Amos’ complaint alleges that he complained about more than noncompliance with contracting rules; “he complained about fraud, which is illegal under the applicable contracting regulations” and “because Mr. Amos had a reasonable basis to believe that fraud was illegal, his disclosures were ‘protected disclosure[s]” within the meaning of the WPA.’”  A copy of the opinion is available here, and information about The Employment Law Group® law firm’s D.C. Whistleblower Protection Act practice is available here.

Tagged: Whistleblower Laws (Federal), Whistleblower Protection Act (WPA)