This is the third in a series of three articles on whistleblowing.
Have I adequately documented each violation, each disclosure and each specific act of retaliation?
Be prepared to document every single instance of activity that you believed was improper, providing all relevant laws/rules/regulations and all emails, facsimiles, memoranda, etc. which support your argument. Also be prepared to provide all correspondence and communications demonstrating that you actually reported the violations, and to whom. Do not forget to gather documentation substantiating each adverse personnel action that you believe was taken against you in retaliation for your disclosures. Finally, and perhaps most importantly, be prepared to prove that the person(s) who took the adverse personnel action(s) against you knew about your protected disclosures when they took such action(s). When you compile your documentation, do not leave out a single, possible protected communication: if you told your boss’ boss one time, if you called the IG Hotline one time, if you reported one time to the EPA…document it!
Often, the best way to ensure that you are protected – though it may engender hostility against you in the short-term – is to send a certified letter, or an email, reporting the violation to the Inspector General, Office of Special Counsel, Congressman, etc., and, at the same time, carbon copy it to the supervisor (for example) about whom you are reporting the violation. You may decide that keeping a low profile, and not notifying the individual about whom you are complaining, will keep you out of trouble for the time being. However, be advised that down the road, you may have difficulty proving that the bad actor knew about the fact that you reported him/her.
Have I filed for whistleblower protection?
After you have gathered all of your documentation, your final step is to contact the Office of Special Counsel (OSC) and file a Form 11. The form is available at www.osc.gov. Be as thorough as possible in filling out the form, because if you are not, you can be assured that the OSC will elect not to investigate your case – and you will be on your own. If your case is a complicated one, you may be wise to seek legal representation to assist you in properly completing the Form 11 to give you the best possible chance of attracting the OSC’s interest. If the reprisal against you is a removal, demotion or suspension of more than 14 days, your allegation of reprisal for whistleblowing may ultimately be filed directly with the Merit Systems Protection Board.
Note that not all Federal employees are covered by the WPA. If you have questions regarding coverage, consult an experienced personnelist, Union representative or civil service lawyer.
** This information is provided by the attorneys at
Passman & Kaplan, P.C., a law firm dedicated to the
representation of federal employees worldwide. For
more information on Passman & Kaplan, P.C., go to
