Federal employees working within the Department of Veterans Affairs (VA) play an important role in ensuring that our veterans receive the support and care they deserve. But what happens when you witness misconduct, negligence, fraud, or patient safety violations and leadership refuses to act? As a result, the VA implemented the Office of Accountability and Whistleblower Protection (OAWP) to give employees the platform to report wrongdoing and hold their superiors accountable safely and discreetly. However, the process isn’t easy and straightforward. In fact, many whistleblowers still face retaliation, career damage, and shame after stepping forward with their reports.
This is where the Federal Employment Law Firm of Aaron D. Wersing, PLLC comes in. We stand with federal employees who choose to side with their integrity and principles. We stand with federal employees who choose to fight for what’s right and just. Our goal is to help VA employees nationwide navigate the OAWP process, build strong cases, and protect their rights throughout the entire process.
I. What is the VA Office of Accountability and Whistleblower Protection (OAWP)?
The OAWP was established in 2017 with the purpose of holding VA employees accountable for any misconduct or grave offenses, particularly for senior leaders. It also protects whistleblowers from retribution once investigations are ongoing and possibly condemned. Moreover, OAWP promotes transparency, honesty, and responsiveness within the agency.
The OAWP investigates Whistleblower Disclosures, which are reports of serious problems like patient neglect, mismanagement, fraud, and abuse of authority, among others. There are also Retaliation Complaints, which are claims from employees who face consequences such as threats of suspension, demotion, termination, and harassment after disclosing information.
If you’ve ever considered making a whistleblower disclosure or have already reported it within the VA, it’s crucial to understand the process. Additionally, you need to know what protections will take place to shield you from retaliation.
II. Who Can File a Whistleblower Disclosure with OAWP?
VA employees, contractors, and medical professionals can all file a Whistleblower Disclosure with OAWP. You may also be eligible to file one if you are currently employed or were recently employed by the VA. If you’ve also reported or are preparing to report on misconduct, fraud, or a safety concern. Lastly, you are eligible if you believe that you are a target of retaliation because of a protected disclosure.
Should you decide to report or have already reported
III. Examples of Whistleblower Disclosures
There is a wide range of complaints that fall under whistleblower disclosures and misconduct.
Some of the most common disclosures include the following:
- Abuse of authority by leadership
- Neglect or abuse of veteran patients
- Misuse or misappropriation of government funds
- Unsafe working conditions
- Gross mismanagement of VA programs or services
- Failure to follow federal law
- Falsification of medical records or other data
- Nepotism or improper hiring practices
If you’ve witnessed any of these circumstances or some sort of retribution after reporting it, you do qualify for whistleblower protections.
IV. What Constitutes Retaliation?
Retaliation comes in several forms depending on the situation and severity. It can also start small and escalate to severe acts. These acts range from any of the following:
- Reassignment
- Sudden poor performance reviews
- Harassment, verbal abuse, or isolation
- Denial of promotions or demotion
- Suspension or termination
Technically, under federal law, retaliation is illegal. As a result, the Whistleblower Protection Act (WPA), Whistleblower Protection Enhancement Act (WPEA), and other laws ensure that federal employees will not be punished for reporting the truth and standing by their morals.
V. How Do You File with OAWP?
It is important to note that the filling for OAWP is tedious and complex.
So, we’ve rounded up the process in the simplest way possible, including:
- Preparing a Detailed Disclosure or Complaint
- Include the basic information, such as who, what, where, and how the incident took place.
- Collect as many supporting documents as possible to show cause, like documents, emails, witness names, and the timeline of events.
- Submit the Complaint Online
- Process your complaint through OAWP’s secure online intake system.
- Another way to submit your complaint is through the Office of Special Counsel (OSC).
- Investigation and Review
- Once your complaint has been received, OAWP will thoroughly investigate and determine whether your claim falls under its jurisdiction. Once it does, they will take on the complaint and initiate an investigation.
- In case of retaliation, your agency must take corrective action.
- Possible Referral to OSC or MSPB
- It’s possible that some cases will be transferred to the Office of Special Counsel (OSC) or the Merit Systems Protection Board (MSPB) for further adjudication.
The mere decision to file a complaint is hard, and filing a complaint properly is even more crucial. One wrong move or omission during filing can delay or jeopardize your entire case. Therefore, an experienced federal whistleblower attorney can help you present a strong disclosure from the beginning.
VI. How Our Law Firm Helps
We at Federal Employment Law Firm of Aaron D. Wersing PLLC understand how intimidating and complex it can be to challenge cases within the VA. There’s a lot at stake, especially when you start to worry about your career and safety. Our job is to guide, support, and protect you throughout every step.
Our services include:
- Drafting a detailed and legally sound OAWP and OSC complaints
- Assist in gathering and organizing your supporting documentation
- Filing retaliation claims and pursuing corrective action to keep you safe
- Representing you during every OAWP or OSC investigation
- Filing appeals with the MSPB when necessary
Our team clearly knows the ins and outs of whistleblower law and how to stand up to VA leadership when your voice is being silenced and threatened.
VII. What Remedies Are Available for Retaliation?
Retaliation happens more often than you think, especially during critical cases. With this, you are entitled to the following acts:
- Back pay and lost benefits
- Damages for emotional distress
- Reinstatement to your former position should you wish to return
- Corrective actions against the retaliating party
- Attorneys’ fees and legal costs
Timing is everything, especially when it comes to filing complaints. There are strict deadlines in most cases, some as early as 45 days from the incident date. Don’t waste time and seek legal support today.
VIII. Why Choose Us?
At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we’re proud and passionate about defending VA employees who want to speak the truth and seek justice. Our teams of experts have extensive knowledge and experience handling OAWP, OSC, and MSPB cases for employees across the country.
We offer clients highly confidential, safe, and judgment-free consultations where they can freely detail their complaints. Additionally, we take the time to understand the nuances of your role in this case. Lastly, we are dedicated advocates with a good track record of success.
If you’re unsure of your next step, reach out to us. We’ll review your case and explain your options with compassion and clarity.
You don’t have to stay silent. If you’ve witnessed misconduct—or faced retaliation for doing the right thing—the law is on your side. But asserting your rights takes knowledge, preparation, and support.
Let our team stand with you. We proudly represent VA employees across the nation. Contact us today to schedule your consultation.
Call Us: (866) 256-1730
Email: [email protected]
X. FAQ
What is a protected disclosure?
A protected disclosure is a report made by a federal employee about wrongdoing that is covered under whistleblower laws. This can include violations of law, gross mismanagement, abuse of authority, and more.
Can I file with both OAWP and OSC?
Yes. In some cases, it may be beneficial to file with both, depending on the type of issue. Our attorneys can advise you on the best path forward.
Will my identity be kept confidential?
OAWP and OSC strive to maintain confidentiality, but full anonymity cannot be guaranteed. Legal counsel can help reduce risk and protect your interests throughout the process.
What if the OAWP denies my claim?
You may be able to appeal to the Office of Special Counsel or Merit Systems Protection Board (MSPB). Our attorneys will help you navigate that process if needed.
Do I need a lawyer to file a whistleblower complaint?
Not legally—but it’s highly recommended. A knowledgeable attorney can help you avoid mistakes, strengthen your claim, and protect your job and reputation.