VIII: WHAT HAPPENS TO NATIONAL SECURITY WHISTLEBLOWERS?
National security whistleblowers are the biggest losers in S. 372.
The Senate Homeland Security approved a bill that, if enacted, would seriously undercut national security whistleblower rights and set terrible precedent. It would in practice constitute an anti-whistleblower law.
Continue Reading What’s Wrong With The Senate Whistleblower Bill? – Part 8

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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 analysis or visit the NWC’s Federal Employee Whistleblower Protection page.

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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 of S. 372.
Continue Reading What’s Wrong With The Senate Whistleblower Bill? – Part 7

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, if any, federal employee cases will ever be removed to district court for a real trial.
Continue Reading What’s Wrong With The Senate Whistleblower Bill? – Part 6

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 permits the MSPB “judges” to summarily dismiss a whistleblower claim without ever conducting a hearing.
Continue Reading What’s Wrong With The Senate Whistleblower Bill? – Part 5

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 in front of a jury of your peers?
The answer is no.
Continue Reading What’s Wrong With The Senate Whistleblower Bill? – Part 3

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 carrying out of the violator’s assigned duties.”
Continue Reading What’s Wrong With The Senate Whistleblower Bill?

Today’s front page article in the Washington Times exposes the legislative hurdles faced by whistleblowers and notes the Administration’s role in the process stating, “White House drafts weaken some protections.”
Continue Reading Breaking News on Protections for National Security Whistleblowers