As massive layoffs continue to affect thousands of federal employees, a leading whistleblower attorney has penned an article outlining the legal rights and options available to employees looking to challenge their termination.
In an article for the National Law Review, David Colapinto, a founding partner of Kohn, Kohn & Colapinto who has represented federal employee whistleblowers for decades, details the factors individuals need to weigh to determine whether to file a lawsuit, an administrative complaint or a union grievance.
Colapinto explains the submission process for complaints with the Merit Systems Protection Board (MSPB) but warns individuals from filing without consulting an attorney: “know your rights and get help from an experienced lawyer or your union, before filing with MSPB. The system is filled with traps for the unwary.”
He also details other options, including filing a union grievance, filing a Prohibited Personnel Practice (PPP) complaint with the Office of Special Counsel (OSC), joining class action appeals with the MSPB, and filing a federal court lawsuit or constitutional claim.
“You should take action to protect your rights by seeking legal advice and not sleep on your rights,” Colapinto, who is also a co-founder of National Whistleblower Center writes. “The 30-day statute of limitations to file with MSPB goes by fast. If you do not take timely action to protect your rights, you could be out of luck.”
To aid whistleblowers, including federal employees, the attorney-directors of National Whistleblower Center established the National Whistleblower Legal Defense and Education Fund which operates a whistleblower legal assistance program for whistleblowers, attempting to locate private sector attorneys to provide representation to whistleblowers. This program has connected hundreds of whistleblowers with attorneys.
NWC is also currently urging Congress to strengthen whistleblower protections for federal employees, including by reintroducing and passing the Congressional Whistleblower Protection Act, which allows federal employee whistleblowers to pursue retaliation cases in federal court, a key right advocates have been fighting for for decades.
NWC has set up an Action Alert allowing whistleblower supporters to write to their members of Congress calling for the passage of the Congressional Whistleblower Protection Act.
Join NWC in Taking Action:
Protect Federal Whistleblowers
The National Whistleblower Legal Defense and Education Fund
