Difference between revisions of "Whistleblower Protection Laws"

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The burden of proof under the Whistleblower Protection Act is very favorable to whistleblowers.  An employee can prevail by showing that protected whistleblowing was a contributing factor in the personnel action.  The agency can avoid liability only if proves by clear and convincing evidence that it would have taken the same personnel action in the absence of the employee’s protected whistleblowing.
The burden of proof under the Whistleblower Protection Act is very favorable to whistleblowers.  An employee can prevail by showing that protected whistleblowing was a contributing factor in the personnel action.  The agency can avoid liability only if proves by clear and convincing evidence that it would have taken the same personnel action in the absence of the employee’s protected whistleblowing.


To determine whether an agency has met its burden via clear and convincing evidence, judges evaluate (1) the strength of the agency’s evidence in support of its personnel action; (2) the existence and strength of any motive to retaliate on the part of the agency officials who were involved in the decision; and (3) any evidence that the agency takes similar actions against similarly situated employees who are not whistleblowers.
To determine whether an agency has met its burden via clear and convincing evidence, judges evaluate:
*the strength of the agency’s evidence in support of its personnel action;
*the existence and strength of any motive to retaliate on the part of the agency officials who were involved in the decision; and  
*any evidence that the agency takes similar actions against similarly situated employees who are not whistleblowers.


=='''Damages or Relief for Federal Employee Whistleblowers'''==
=='''Damages or Relief for Federal Employee Whistleblowers'''==