WPEA is Held to Be Retroactive by MSPB
06/27/2013
By John V. Berry, Esq., www.berrylegal.com
In a major decision that many federal employees have been waiting on, the Merit Systems Protection Board (MSPB) has held that the Whistleblower Protection Enhancement Act (WPEA), signed into law in November of 2012 is retroactive in Day v. DHS, 2013 MSPB 49 (June 26, 2013). The case is located here Day v. DHS ruling.
The Day case has caused a number of delays in processing of MSPB appeals and will finally allow these whistleblower cases to now move forward. Many MSPB cases have been dismissed pending the outcome of this decision and should now likely be returned to the active case list in their respective MSPB offices.
Conclusion
When facing whistleblower issues it is important to obtain the advice of counsel where potential issues or retaliation might arise. Our law firm stands ready to advise individuals on the issues involving protected whistleblower activities and their rights. We can be contacted at www.berrylegal.com or by telephone at (703) 668-0070.