Filing a Whistleblower Complaint as a Federal Employee

Learn How and When Federal Employees Can Blow the Whistle on Fraud, Waste, and Abuse

Federal employees who blow the whistle are protected under the Whistleblower Protection Act (WPA). If you are a federal employee responsible for oversight on contracts, grants, or other potential areas of abuse, or work for the federal government—or used to work for the federal government—and have information about fraud, waste, an abuse of authority, or any other form of serious wrongdoing, it is important that you speak with a federal whistleblower lawyer about coming forward under the WPA.

Current and former federal employees can file whistleblower complaints against their federal employers as well as other federal officials, offices, departments, and agencies. Federal employees can also expose fraud and other forms of wrongdoing by federal government contractors. If you have any information that would be useful to the government, a federal whistleblower lawyer at Oberheiden P.C. can help you make informed decisions about your next steps.

What Federal Employees Need to Know About the Whistleblower Protection Act

Any federal employee whistleblower who comes forward under the Whistleblower Protection Enhancement Act plays a critical role in the government’s fight against fraud and other forms of wrongdoing. If you have information that you believe may justify civil or criminal enforcement action, here is a brief overview of what you need to know about the WPA:

The Scope of the Whistleblower Protection Act

The scope of the Whistleblower Protection Act is extremely broad. Even so, the statute does not necessarily cover all forms of wrongdoing by federal entities, personnel, and contractors. You may qualify as a whistleblower under the WPA if you are a current or former federal employee and you have information about any of the following:

1. A Violation of Any Law, Rule, or Regulation

The WPA protects federal employees who report violations of any federal law, rule, or regulation. This includes federal sources of authority ranging from Title VII of the Civil Rights Act of 1964 and the Rehabilitation Act to the Foreign Corrupt Practices Act and SEC Rule 10b-5.

2. Gross Mismanagement

The WPA also protects federal employees who report gross mismanagement of an agency’s operations or of federal funds. As the Merit Systems Protection Board (MSPB) explains, to constitute gross mismanagement, the agency’s decision “cannot be a debatable difference of opinion,” and “[t]he agency’s ability to accomplish its mission must be implicated.”

3. Gross Waste of Federal Funds

Along with gross mismanagement, current and former federal employees can also receive protection under the WPA for reporting gross waste of federal funds. A federal expenditure is considered to constitute gross waste if it is “significantly out of proportion to the benefit reasonably expected to accrue to the government.”

4. Abuse of Authority

Under the WPA, an abuse of authority involves, “arbitrary or capricious exercise of power by a federal official or employee that adversely affects the rights of any person or that results in personal gain or advantage to himself or to preferred other persons.” This can include everything from harassment and nepotism in federal workplaces to awarding federal contracts to non-competitive bidders and soliciting favors in exchange for official acts.

5. Substantial and Specific Danger to Public Health or Safety

Federal employees can also receive whistleblower protection under the WPA for disclosing substantial and specific dangers to public safety. From staffing shortages in critical areas to negligence that results in an increased risk to U.S. citizens, various forms of wrongdoing can fall into this category of federal whistleblower claims as well.

The Process for Filing a Whistleblower Complaint as a Federal Employee

The process for filing a whistleblower complaint under the WPA varies depending on where you need to report the information that you have in your possession. Where you need to file your whistleblower retaliation complaints depends on your federal employer and other factors- it could be the Office of Inspector General, the Government Accountability Office, an authorized official from the Department of Justice or other law enforcement agency, or even some members of Congress. Even if you otherwise qualify for protection under the WPA, if you file complaints with the wrong office or agency, you may not receive whistleblowing status. Our lawyers can determine where you need to file your complaint and help you meet all pertinent substantive and procedural requirements.

Whistleblower Protections Afforded to Federal Employees Under the WPA

The WPA affords two primary protections to federal employees who choose to blow the whistle. First, it provides confidentiality. As a general rule, when you qualify as a whistleblower under the WPA, the agency or office with which you file your complaint is obligated to protect your identity, except in very limited circumstances.

Second, under the WPA, it is unlawful for federal employers to retaliate against whistleblowers. As a result, if you are currently employed, your federal employer will be prohibited from taking any adverse employment action against you based on your decision to blow the whistle and provide protected disclosures. Adverse employment actions that count as whistleblower retaliation include demotion, pay reduction, reassignment, and termination (among others).If you are in the military, you are protected under the Military Whistleblower Protection Act.

When Do You Qualify as a Federal Whistleblower?

While the WPA exists to encourage federal employees to come forward with information about fraud, waste, abuse, and other forms of wrongdoing, determining whether you qualify as a whistleblower under the statute isn’t necessarily a straightforward process. Factors that will determine your eligibility for protection as a whistleblower under the WPA include:

• The type of information you are able to disclose to the federal government; 
• Whether you report this information to the correct federal authority and through the correct channels;
• Whether you had a duty to report the information (in which case whistleblower protection generally would not be available);
• Whether the information you report reflects misconduct of a sufficient level of seriousness; and, 
• Whether the misconduct you are prepared to report was intended to be covered under the WPA (i.e., whether the misconduct falls into one of the five categories discussed above).

When you contact us, we will arrange for you to speak with one of our senior federal whistleblowers in complete confidence. You are under no obligation to move forward, and our role at this stage is simply to help you make informed decisions. We can determine if you qualify for whistleblower protection under the WPA—and, if you do, we can provide you with the information you need to decide whether you want to blow the whistle.Some employees who qualify include personal services contractors, federal contractors, HHS contractors, subcontractors, grantees, among other positions.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

FAQs: Blowing the Whistle as a Current or Former Federal Employee