The NWC's series "What's Wrong With The Senate Whistleblower Bill" examining specific weaknesses in the Senate Bill will continue on Monday. If you would like more information on the Senate Bill please read NWC General Counsel David K. Colapinto's legal...
VII: CAPS ON DAMAGES AND OTHER LITTLE GEMS In addition to the problems already addressed in earlier postings, there are some smaller, yet still very important, problems that need to be addressed before the Senate votes on the final version...
VI: WILL ANY FEDERAL EMPLOYEES EVER HAVE THEIR CASE HEARD IN FEDERAL COURT? The short answer to this question is virtually, none. When read together, the numerous "poison pill" provisions inserted into S. 372 all but guarantee that very few,...
V: THE NEW SUMMARY JUDGEMENT RULE: GOLIATH FINALLY WINS! S. 372 contains a new provision that permits the Merit Systems Protection Board to dismiss whistleblower claims under a procedural rule known as "summary judgment." See Section 118. This new rule...
In a victory for the right of whistleblowers to seal, temporarily, their claims of fraud against the government, U.S. District Court Judge Liam O'Grady late yesterday dismissed a case brought by the American Civil Liberties Union (ACLU), OMB Watch and...
U.S. District Judge Clay Land, of Athens, Georgia, issued an order yesterday compelling the U.S. Environmental Protection Agency (EPA) to provide their employee Madolyn Dominy for deposition in a whistleblower's scientific fraud case. Madolyn Dominy was the EPA's Regional...
IV: BACKSTABBING FBI WHISTLEBLOWERS: WILL THIS PROBLEM REALLY GET FIXED? Putting it bluntly: S. 372 repeals all existing whistleblower rights for FBI employees.
III. HOW THE NEW "270 DAY RULE" BLOCKS COURT ACCESS FOR FEDERAL EMPLOYEES Even if you happen to be one of the "lucky ones" whose case is eligible for a jury trial, will you ever actually have your case heard...
The Senate Bill goes out of its way to reverse gains whistleblowers have won in the U.S. Supreme Court. It returns whistleblowers to the days when an employee had to demonstrate a certain level of harm or damages to obtain...
The Senate Bill added a dangerous clause within the definition of "protected disclosure." Under this new definition, federal employees who disclose any violation of law are protected, unless their disclosure was "a minor, inadvertent violation that occurs during the conscientious...
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