OSC File Amicus Brief Against Elevated Burden of Proof in VA Whistleblower Case
Case Law Update Conor D. Dirks Case Law Update Conor D. Dirks

OSC File Amicus Brief Against Elevated Burden of Proof in VA Whistleblower Case

Attesting that it has a substantial interest in a legal issue presented by Salazar v. Department of Veterans Affairs, the Office of Special Counsel filed a “friend of the court,” or amicus curiae, brief on August 3, 2016, with the Merit Systems Protection Board arguing that an employee who makes a disclosure in his normal course of duties should not be subject to an elevated standard when attempting to prove a prima facie case of whistleblower retaliation.

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Testimony Supporting Another Employee in AIB Interview is Not Protected
Case Law Update Conor D. Dirks Case Law Update Conor D. Dirks

Testimony Supporting Another Employee in AIB Interview is Not Protected

On June 17, 2016, the Merit Systems Protection Board held that an appellant’s testimony during an Administrative Investigation Board (“AIB”) investigation is not protected activity under 5 U.S.C. § 2302(b)(9)(B), which protects agency employees that testify or lawfully assist individuals in the exercise of appeal, complaint, or grievance rights.

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