shaw bransford & roth case law update

9th Circuit Adopts Federal Circuit Holdings in Whistleblower Appeal

The 9th Circuit Court of Appeals adopted the Federal Circuit Court of Appeals’ holdings with regard to the test of whether an agency has carried its burden to prove whether the agency would have taken the same personnel action against an employee irrespective of the employee’s protected disclosures, and with regard to whether an employee may be disciplined for the manner in which he or she communicates a protected disclosure.

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shaw bransford & roth case law update

Seventh Circuit: Board Theory of OSC Remedy Exhaustion Too Stringent

A Special Agent at the Department of Justice’s Bureau of Alcohol, Tobacco, and Firearms filed an Individual Right of Action appeal with the Merit Systems Protection Board, alleging that his supervisors retaliated against him after he disclosed his suspicion that another agent had improperly shot at a fleeing suspect, provided an inaccurate report of the shooting incident, and had committed perjury during the subsequent criminal trial.

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