The clock is always running, and if you are a federal employee with a workplace concern, it is critical that you keep an eye on it to ensure you meet all filing deadlines.
In my “Know the Clock” series, I am laying out the most common deadlines for federal workplace disputes. Keep in mind that deadlines can change, especially in our current environment, so it is important to verify all deadlines and filing requirements as soon as your concern arises. Staying informed and up to date is vital to preserving your rights in the workplace.
Today, I am taking a look at deadlines associated with whistleblower complaints filed with the Office of Special Counsel (OSC).
As a reminder, OSC is an independent federal agency that protects most current federal employees, former federal employees, and applicants for federal employment from prohibited personnel practices (PPPs), which include whistleblower reprisal.
OSC has two distinct, but related, roles in the whistleblowing arena. First, OSC can receive reports of wrongdoing (whistleblowing) from covered individuals. Those reports could include violations of law, rule, or regulation; gross mismanagement; gross waste of funds; and more. Second, OSC can receive complaints, which are called PPP complaints, from covered individuals who believe they have been subjected to retaliation for their protected whistleblower activity. Today’s update will focus on PPP complaints.
Covered individuals have three years from the date they knew or should have known about an alleged PPP to file a complaint with OSC. However, it is wise to file as soon as you are aware of a PPP. Waiting to file a complaint can make it much more difficult to prove your case, because evidence can be harder to gather and witnesses can be harder to locate as time passes. After receiving your complaint, OSC typically decides whether to investigate your complaint further or close your case without corrective action. Remember that OSC can independently seek corrective action against a federal agency if they find a PPP, including whistleblower retaliation, occurred.
Covered individuals may also file an “Individual Right of Action” (IRA) appeal with the Merit Systems Protection Board (MSPB) if they believe they have been retaliated against for protected whistleblower activity. However, you are required to work through OSC first and there are strict timelines on when an IRA appeal can be filed.
Closed Complaint: If the OSC closes your PPP complaint without corrective action, then you have 65 calendar days from the day that OSC notified you that they would not seek corrective action, or 60 calendar days from the date you received the OSC notice, whichever is later, to file a MSPB appeal.
120-Day Limit: If OSC does not notify you that it will seek corrective action or will be closing the complaint within 120 calendar days of the filing of the PPP complaint, then you can proceed with filing an IRA appeal with the MSPB at any time.
The most important takeaway for federal employees is to contact OSC immediately if you believe you have been retaliated against for protected, whistleblower activity! Acting quickly can ensure your rights are preserved and your options remain open.
A word of caution - timing of IRA appeals can be complicated, especially if you have other appeal rights or claims in play. If you are a whistleblower, it is wise to consider working with an experienced federal employment law attorney to ensure you take the right path.
Want to learn more?
You can find more information about OSC and whistleblower complaints here.
