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THE WHISTLEBLOWER'S
Home Page
Member
of the Internet Link Exchange
Description of What Whistleblowers Face in
Fighting Retaliation
Download the report I prepared for the Senate
Finance Committee. It describes the "system" facing whistleblowers in detail
and includes dealings with the agency, the IG, the Office of Special Counsel,
the Merit Systems Protection Board, the U.S. Court of Appeals, etc. and the
good and bad aspects of each. The report is in PDF format for reading with
Adobe Acrobat. If you do not have Adobe, please email me and I will send
you a copy in Microsoft Word format.
Report to Senate Finance Committee
This is a homepage to support whistleblowers in
the federal government. I was involved in a legal battle for
retaliation for whistleblowing for four years and can share the benefit (?)
of my experience. I have attempted to answer some frequently asked questions
below. I am also interested in trying to improve the present inadequate system
of protection for employees who decide they want to report waste, fraud,
or abuse. I believe there is strength in numbers in attempting to do this
by sharing information, experiences, and ideas on what can be done to improve
the present system. If you have any interest in this please email me or sign
my guestbook below to record any comments, suggestions, responses to others,
etc. Thank You, Jim D'Elia.
FAQs about "whistleblowing":
Q: Should I identify myself or remain anonymous if
I decide to report something?
A: If you remain anonymous, you run the risk of not
being able to prove that you were the party who reported the particular issue,
if you are harrassed or punished for it later.
Q: If a retaliation action is taken against me, who
should I report it to?
A: Usually, the first agency you must report this
to is the Office of Special Counsel.
Q: How long will it take Special Counsel to investigate
my complaint?
A: Figure on 6 months to 1 year before you get any
results of their investigation.
Q: What are my chances of positive results with Special
Counsel?
A: Very slim. Only between 5 and 10 percent of claims
are found to have enough evidence for the Special Counsel to say that retaliation
has occurred. You almost need a signed confession!
Q: If I fail with Special Counsel, who can I appeal
to next?
A: The next step is to appeal to the Merit Systems
Protection Board.
Q: Do I need an attorney to file these complaints?
A: With the initial complaint to Special Counsel,
it isn't necessary, in fact probably a waste of money. With your complaint
to MSPB, an absolute must because of depositions necessary and possibly
representation at a hearing.
Q: Will the government pay my legal expenses for my
retaliation complaint?
A: No, it comes out of your own pocket and is quite
expensive unless you prevail in your case and are awarded legal fees. Your
attorney will also be up against any number of government lawyers from your
agency or the Dept. of Justice who have all the time in the world to fight
you on the technicalities of the case, delaying any defense on the issue
itself as long as possible.
Q: What are my chances with MSPB?
A: Unfortunately, not very good, but better than with
Special Counsel. Still, only about 10 percent of claims of retaliation result
in a decision for the appellant. The government will use anything and everything
it can against you! Be prepared for this, including an attack on your character,
integrity, etc.
Q: If I lose with MSPB, is that it?
A: No, but almost. You can then appeal the final MSPB
decision to the U.S. Court of Appeals. Chances of that court reversing the
MSPB decision are very slim, but possible. The last appeal can then be to
the U.S. Supreme Court. Chances of the Supreme court even deciding to "hear"
the case however are less than 1 percent.
Get in touch with me by
Join My Community Discussion Group
Click to subscribe to my mailing list
Links to other relevant web sites (good ones):The GAP "http://www.accessone.com/gap" (Government Accountability Project)
Roger Helbig's TQM Fraud or Mistake Web Page "http://www.california.com/~rhelbig/coopfraud.html"
National Whistleblower's Center "http://www.whistleblowers.org"
Links to Attorney Referrals:
Ashcraft and Gerel "http://www.ashcraftandgerel.com/whistleb.html"