Speaking up against wrongdoing takes courage—especially in the federal workplace. Employees who report misconduct, fraud, or safety violations expect their concerns to be taken seriously.
However, some whistleblowers face retaliation from their agencies instead of being applauded for their honesty. Retaliation can take many forms, some more subtle than others. Understanding how retaliation can appear is crucial for federal employees to protect themselves and their careers.
This blog post will explain what federal employees should know about illegal retaliation, offer common whistleblower retaliation examples, and discuss basic steps to take to protect yourself.
Understanding Whistleblower Retaliation
Whistleblower retaliation occurs when a federal agency punishes an employee because they reported wrongdoing. Under the Whistleblower Protection Act and other federal laws, it’s illegal to retaliate against federal employees who speak out about:
- Violations of law or agency regulations,
- Gross mismanagement,
- Fraud,
- Waste of funds,
- Abuse of authority, and
- Public health or safety risks.
Illegal retaliation against federal employees can take many different forms. In broad terms, agencies engage in unlawful retaliation when they take adverse action against an employee for whistleblowing.
Many workplace retaliation examples focus on blatant adverse actions against federal whistleblowers, such as:
- Firing,
- Suspension,
- Demotion,
- Pay cuts,
- Unwanted job transfers, and
- Loss of security clearance.
However, many whistleblower retaliation cases involve more subtle forms of agency backlash. For example, some agencies may use performance evaluations as a tool for retaliation by suddenly marking an employee as “unsatisfactory” despite a history of strong work. Isolation and exclusion are another overlooked form of retaliation that federal employees can face.
If your supervisors or colleagues suddenly stop communicating with you, remove you from key projects, or exclude you from important meetings, that could be a red flag pointing to retaliation. Other whistleblowers may be under excessive supervision, subject to unwarranted investigations, or face threats and harassment.
Examples of Whistleblower Retaliation in the Federal Workplace
To better understand what whistleblower retaliation can look like, consider the following scenarios.
VA Nurse Faces Sudden Reassignment
After reporting patient neglect at a Veterans Affairs (VA) hospital, a nurse suddenly finds themselves reassigned to administrative duties. While they used to be responsible for direct patient care, the nurse was suddenly assigned exclusively to clerical work without any explanation.
The reassignment out of a position actively practicing medicine limits their career prospects and job satisfaction.
IRS Employee Endures an Internal Investigation
An Internal Revenue Service (IRS) employee uncovers tax fraud within their department and follows proper channels to report it. Shortly afterward, they become the subject of an internal investigation based on vague accusations.
Their colleagues are warned to avoid contact with them, and they are placed on administrative leave pending the outcome of the investigation.
Federal Scientist Excluded from Critical Work
A scientist at a federal agency raises concerns about manipulated research data used to support a policy decision. Soon after, they are removed from key projects and denied access to important research meetings. The agency quietly cuts the scientist’s funding, leaving them with little work to do and effectively stalling their career.
What to Do If You Face Retaliation After Whistleblowing
If you believe you are experiencing whistleblower retaliation, it is essential to act quickly. Here are some steps you can take to protect yourself:
- Document everything. Keep detailed records of any retaliatory actions, including emails, performance reviews, and witness statements. Ensure you also have a record of the date and content of your original act of whistleblowing, e.g., copies of emails, letters, call logs, etc.
- Report retaliation to the right authority. Depending on your situation, you may need to file a complaint with the Office of Special Counsel (OSC), the Merit Systems Protection Board (MSPB), or the Equal Employment Opportunity Commission (EEOC).
- Consult with a legal professional. A federal employment attorney can assess your case, help you file a complaint, and advocate for your rights. Support from a lawyer who specifically serves government workers is invaluable in navigating complex federal retaliation claims.
These steps can help protect your future livelihood and hold agencies accountable for their unlawful actions.
Protect Yourself and Your Federal Career
No federal employee should suffer retaliation for doing the right thing. If you believe your agency has taken action against you for reporting misconduct, you don’t have to face it alone. Recognizing whistleblower retaliation examples is the first step, but taking action is crucial.
The Federal Employment Law Firm of Aaron D. Wersing PLLC helps whistleblowers fight against retaliation and protect their careers. Our team can assist you in gathering evidence, filing claims with the appropriate agencies, and pursuing legal remedies to secure your rights.
Contact us today for a confidential consultation and take the first step toward justice.
Aaron Wersing, Attorney at Law
Aaron Wersing is the founder of the Law Office of Aaron D. Wersing. Mr. Wersing graduated from the Georgia State University College of Law with a Doctorate in Jurisprudence and was the recipient of the CALI Excellence for the Future Award. Mr. Wersing previously attended the University of Georgia, where he received a Bachelor of Business Administration degree in Accounting. Mr. Wersing is an active member of his local community. Mr. Wersing acts as a volunteer attorney with Houston Volunteer Lawyers, the pro bono legal aid organization of the Houston Bar Association. He is also a member of professional legal organizations such as the National Employment Lawyers Association and the American Inns of Court. To reach Aaron for a consultation, please call him at (833) 833-3529.
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