WHISTLEBLOWERS AND OFFICE OF SPECIAL COUNSEL

Congress and the President say that whistleblowers are important for exposure and correction of government wrongdoing. Agency officials may agree in principle but not in practice. We advise and represent federal employees who are the victims of whistleblowing or another prohibited personnel practice. We advise on whether and how to make disclosures, and assist through advocacy and representation to secure protection or relief against reprisal for our clients from inspectors general, congressional oversight committees, the Office of Special Counsel, the Merit Systems Protection Board, and federal appellate courts.

OFFICE OF SPECIAL COUNSEL

OSC is an independent federal agency that receives, investigates and evaluates complaints of statutorily-defined prohibited personnel practices, most often featuring allegations of whistleblower reprisal. Whistleblower cases evaluated by OSC may be appealed to the Merit Systems Protection Board. We provide representation at OSC in its investigation process as well as in mediation and negotiated settlement of prohibited personnel practice complaints. We appeal to the MSPB when OSC closes cases out without remedial action.

SCOPE OF REPRESENTATION

Most of our representation is for individuals. We represent unions for issues that develop during the bargaining relationship and on a case-by-case basis. We provide advice or representation to federal agencies—usually small agencies that need counsel specialized in civil service law or larger agencies with a conflict of interest within a management group or within agency counsel's office.

The scope of our representation is defined in a written retainer agreement that is generally developed with the client after our intake and consultation.