If you expose waste, fraud, abuse, or illegal activity by a federal agency or defense contractor, federal law protects you from retaliation. However, whistleblowers frequently face hostile work environments, unwarranted suspensions, security clearance revocations, or wrongful termination.
At Alan Lescht and Associates, P.C., our experienced whistleblower retaliation attorneys represent federal contractors and private-sector workers across DC, Maryland, Northern Virginia, and federal employees worldwide. We provide strategic legal counsel to safeguard your career, reputation, and financial security.
Whistleblower retaliation occurs when an employer takes an adverse personnel action against an employee because they disclosed unlawful conduct, gross waste of funds, gross mismanagement, abuse of authority, or a substantial danger to public health and safety.
Retaliation can take the form of sudden demotions, forced transfers to undesirable locations, unwarranted disciplinary actions, negative performance appraisals, or a hostile work environment. If you have experienced any of these actions after making a protected disclosure, speak with a dedicated federal employee rights attorney immediately to preserve your rights and meet strict statutory deadlines.
Federal laws provide robust protections and incentives for whistleblowers, but navigating these complex claims requires strict procedural compliance and aggressive representation.
The Whistleblower Protection Act (WPA) and the Whistleblower Protection Enhancement Act (WEPA) prohibit federal agencies from threatening or taking adverse actions against most executive branch employees who disclose statutory or regulatory violations. Under the Follow the Rules Act, these protections extend to federal workers who refuse to obey orders that directly violate a law, rule, or regulation. Executive branch employees can report whistleblower retaliation to various entities, including the Office of Inspector General and the Office of Special Counsel (OSC). If the retaliatory action —such as removal, demotion, or suspension of 15 days or more— can be appealed directly to the Merit Systems Protection Board (MSPB), the employee can file an MSPB appeal and assert whistleblower retaliation. However, if there is no direct MSPB appeal right —such as for harassment, a negative performance review, or a suspension of 14 days or less— the employee must first file with OSC.
Both government employees and private-sector workers can file claims under the False Claims Act (FCA), both government employees and private-sector workers can file claims against individuals or businesses for defrauding the government by filing false claims for payment from federal agencies.
Under a special qui tam action, an individual —known as a “relator”— can file a confidential lawsuit on behalf of the U.S. government. To qualify, you must meet strict procedural requirements, such as being the first person to disclose the misconduct under the "first-to-file" rule and submitting a confidential disclosure to the Department of Justice. If the lawsuit succeeds, relators are entitled to receive between 15% and 30% of the total funds recovered by the government.
Additionally, the FCA explicitly protects workers from being fired, demoted, or harassed for reporting fraud against the government or assisting in a fraud investigation. Public and private sector employees can file retaliation claims under the FCA to seek reinstatement, two times their lost wages, special damages, and reimbursement of legal fees.
Our DC whistleblower law firm handles every stage of federal and statutory whistleblower proceedings. We guide whistleblowers through initial disclosures during Department of Justice (DOJ) and Office of the Inspector General (OIG) investigations. We file administrative complaints with OSC, advocate for clients in MSPB hearings, draft sealed qui tam complaints, and litigate retaliation lawsuits to secure back pay, reinstatement, and other relief. When appropriate, we also utilize targeted mediation and settlement negotiations to resolve disputes without further litigation and legal fees.
Navigating a whistleblower dispute against a federal agency or major defense contractor requires deep knowledge of administrative law and federal court procedure. With decades of practice, our legal team has successfully represented federal employees and contractors in complex, high-stakes retaliation disputes across Washington, DC, Maryland, and Virginia.
Our client worked for the VA as an Administrative Assistant. We won a trial held before an EEOC Administrative Judge in a Title VII retaliation case alleging non-selection and obtained an order awarding compensatory damages and attorneys’ fees.
We won a trial held before an EEOC Administrative Judge in a Title VII retaliation case and obtained an order awarding compensatory damages and attorney’s fees.