In a recent order issued by the Merit Systems Protection Board (MSPB), jurisdiction was established over an individual right of action (IRA) appeal filed by a federal employee. The Appellant, alleged that the Agency retaliated against her after she made protected disclosures under the Whistleblower Protection Act (WPA).
Case Background
The Appellant, a federal employee, reported several violations of law and abuse of authority related to her Agency’s denial of her Family and Medical Leave Act (FMLA) leave. She made the following protected disclosures:
- Interference with FMLA leave: the Appellant reported that the Agency was interfering with her use of FMLA leave.
2. Denial of FMLA leave: the Appellant also disclosed that the Agency improperly denied her request for FMLA leave, which she claims was a violation of law and an abuse of authority.
Following these disclosures, the Appellant experienced several adverse personnel actions:
- Denial of her FMLA leave requests
- Classification of her absences as absent without leave (AWOL)
- A threat of removal
- Involuntary retirement
MSPB Jurisdiction
After reviewing the Appellant’s claims, the MSPB found that the Appellant had exhausted her administrative remedies with the Office of Special Counsel (OSC). The Board determined that she made nonfrivolous allegations of protected disclosures under 5 U.S.C. § 2302(b)(8) and that these disclosures were a contributing factor in the Agency’s adverse personnel actions.
Hearing Scheduled
The Appellant has been granted the right to a hearing, where she will need to prove by a preponderance of the evidence that her whistleblowing contributed to the Agency’s decisions. If she meets this burden, the Agency will have to prove by clear and convincing evidence that it would have taken the same personnel actions regardless of her disclosures.
Take Action with MSPB Lawyers
Federal employees facing retaliation for whistleblowing have legal protections under the Whistleblower Protection Act. If you believe you are a victim of retaliation, contact Southworth PC’s experienced federal employment and MSPB lawyers to discuss your case.
Disclaimer: Past results do not guarantee future outcomes. Each case is unique and dependent on its own facts and circumstances.