Whistleblower Law Blog

Tenth Circuit Rejects “Duty Speech” Defense in s. 1983 Case

December 10, 2008

In Thomas v. City of Blanchard, the Tenth Circuit held that the district court erred in concluding that Thomas’s speech was outside the scope of First Amendment protections under Garcetti v. Ceballos, 547 U.S. 410 (2006).  Thomas, a former building code inspector for the City of Blanchard, alleged that he was terminated for blowing the whistle about what he perceived to be false certifications of home inspections.  The district court granted the City’s motion for summary judgment, concluding that Thomas’s speech was not protected under the First Amendment because his report to the Oklahoma State Bureau Investigation (“OSBI”) was made pursuant to his professional duties. 

The Tenth Circuit reversed, concluding that Thomas’s official duties did not include a duty to report perceived criminal violations to the OSBI and thus, his disclosure was protected under the First Amendment.  Finding genuine issues of material fact as to whether Thomas was fired for exercising his First Amendment rights, the Tenth Circuit remanded the case to the district court. 

Demoted Prosecutor Recovers Damages in Whistleblower Lawsuit

December 09, 2008

The Office of Special Counsel (OSC) announced yesterday the settlement of a whistleblower claim brought by a former Assistant U.S. Attorney (AUSA) against the former U.S. Attorney for Minnesota in which the AUSA will receive back pay, compensatory damages, and a cleared record. 

In 2007, the AUSA blew the whistle on the U.S. Attorney failing to maintain classified Department of Homeland Security reports on terrorist activity and likely targets in a secure location.  Immediately after he reported the violation, the AUSA was demoted to a staff attorney position and warned that he would be soon terminated. The AUSA resigned to avoid being terminated.   The OSC concluded that the U.S. Attorney constructively terminated the AUSA in retaliation for his protected disclosures

For information on The Employment Law Group® law firm’s Whistleblower Practice, click here. The OSC press release is available here.

DOL Orders Reinstatement, Back Pay and Benefits for Whistleblower Under Employee Protections in the Immigration and Nationality Act

December 03, 2008

The Department of Labor (DOL) held that employers are prohibited from retaliating against immigrant whistleblowers under the employee protection clause of the Immigration and Nationality Act (INA).  The DOL ordered the Fargo Veteran’s Affairs Medical Center to reinstate a doctor and pay him back pay and benefits for violating the employee protection provisions of the INA.  A second complainant settled with the VA. 

The VA discriminated against two doctors by terminating them in retaliation for cooperating with a DOL investigation.  The investigation discovered that the VA failed to pay a prevailing wage to doctors working under H-1B visas in violation of INA.

For information on The Employment Law Group® law firm’s Whistleblower practice, click here.  The Decision and Order is available at Talukdar v. U.S. Dept. of Veterans Affairs, Medical and Regional Office Center, Fargo, North Dakota, ARB No. 04-100, ALJ No. 2002-LCA-25 (ARB Jan. 31, 2007).

POGO Proposes Reforming the Office of Special Counsel

December 03, 2008

In a recent report titled, “Breaking the Sound Barrier:  Experiences of Air Marshals Confirm Need for Reform at the OSC,” the Project on Government Oversight (POGO) documents the need for a major overhaul of the Office of Special Counsel (OSC).  In addition, the report provides very insightful recommendations for reforming the OSC, including:

•  Increasing the budget request to increase the number of qualified investigators and prosecutors on staff at the OSC;
•  Enacting legislation to grant OSC independent litigation authority and to prohibit executive agencies such as the Transportation Security Administration from retroactively marking or labeling information with the unclassified information designation;
• Creating an organizational culture where employees are not only encouraged to voice concerns, but also protected when they do so;
• Requiring all federal agencies to participate in the OSC’s Certification program;
• Requiring a staff interview with the whistleblower before closing a case;
• Allowing the whistleblower to respond to the agency’s investigation before closing a disclosure case; and
• Requiring OSC staff to report the number of favorable actions they seek on behalf of whistleblowers.

For more information about federal whistleblower protection, click here.

The Employment Law Group ® Law Firm is Quoted in an Article about a Teacher Fired for Exposing Grade-Changing Scheme

December 02, 2008

Dave Scher, a Principal of The Employment Law Group® law firm is quoted in an article titled “Teacher says she was harassed, fired for exposing unethical behavior.”  In the article, Warwick Beacon reports about Mary Katherine O’Neill’s whistleblower retaliation suit against the Warwick School District (“School District”), where the former music teacher alleged that she was disciplined and harassed for refusing to change a student’s grade from an “A” to an “N” (“not complete”).  In her complaint, O’Neill also alleged that the School District terminated her employment because she participated in an interview with a local television station and discussed her allegations of grade tampering at the school.  Despite the School District’s ongoing denial of retaliation, R.Scott Oswald and Dave Scher of The Employment Law Group® law firm are representing Ms. O’Neill under the whistleblower protection provisions of the Rhode Island Whistleblower Protection Act.  According to Mr. Scher, “You have a police report in which the school department’s personnel director (Rosemary Healey) admits that the rank of salutatorian had been promised to another student.  I would think that’s proof that there was pressure to change grades.”  For more information about The Employment Law Group® law firm’s Whistleblower Practice, click here.

CBO Concludes that Increased Enforcement of the False Claims Act Would Generate Substantial Revenue for the Government

November 25, 2008

At a time when the government needs to close an unprecedented deficit, the Congressional Budget Office has concluded in a report released on November 21, 2008 that an increase in enforcement of the False Claims Act will result in a substantial increase in revenue for the government.  For more information about the ability of private citizens to obtain rewards for reporting fraud on the government, click here.

The Employment Law Group® Law Firm Will Speak At Seminar About New Whistleblower Protections

November 17, 2008

Jason Zuckerman, a Principal at The Employment Law Group® law firm will speak at a National Whistleblowers Center Seminar titled, “Whistleblower Protections in the Consumer Product Safety Improvements Act of 2008” in Washington, DC.  The seminar will provide an overview of the Consumer Product Safety Improvements Act and offer tips for successfully litigating whistleblower cases under the new law.  For more information about this event, click here.

The Employment Law Group® Law Firm Speaks at Montgomery County Bar on Representing Maryland Whistleblowers in Wrongful Discharge Actions

November 14, 2008

Principal Scott Oswald of The Employment Law Group® law firm spoke at a Montgomery County Bar CLE event titled, “Representing the Maryland Whistleblower under Adler.”  Mr. Oswald’s presentation offered practical tips for successfully litigating wrongful discharge cases. 

The Employment Law Group® law firm has successfully represented whistleblowers nationwide that have been wrongfully terminated in violation of public policy.  For more information about the firm’s Wrongful Discharge Practice, click here.

OSHA Orders Amtrak to Pay Damages to Railroad Whistleblower

November 10, 2008

The U.S. Department of Labor awarded back pay, interest and punitive damages to a former Amtrak employee who alleged that she was suspended for reporting a work-related injury to Amtrak.  In her complaint, she also alleged that Amtrak terminated her employment because she filed a complaint with OSHA about Amtrak’s retaliatory suspension of her employment.  This appears to be the first case in which OSHA found for an employee under the whistleblower provision of the Federal Rail Safety Act.  The Employment Law Group® law firm routinely represents employees in whistleblower retaliation actions.  For more information about The Employment Law Group® law firm’s Transportation Whistleblower Practice, click here.

DoD Whistleblowers Get Little Support from Inspector General’s Office

October 31, 2008

An investigation conducted by the Associated Press reveals that in the past six years, more than 90 percent of Department of Defense (“DoD”) whistleblower retaliation cases have been dismissed by the Inspector General’s office.  According to a study by the Associated Press, DoD investigators believe that many legitimate whistleblower claims are prematurely dismissed because of a demoralized work environment in the Military Reprisal Investigations (“MRI”) unit of the Inspector General’s office.  According to a government survey conducted by the Corporate Leadership Council, only five percent of MRI personnel take whistleblower complaints seriously.  The Employment Law Group® law firm is hopeful that a new administration will change the culture at DoD IG and protect DoD whistleblowers.

The Employment Law Group® law firm routinely represents DoD whistleblowers in retaliation cases.  For more information about The Employment Law Group® law firm’s whistleblower practice, click here.