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MSPB Grants OSC’s Stay Request for VA Whistleblower Removed from Her Job

December 17, 2024

prohibited personnel practices

The MSPB granted a 45-day stay of removal for a VA employee who filed a retaliation complaint with OSC.  The employee was removed from her job at the VA after she blew the whiistle.

The U.S. Merit Systems Protection Board (MSPB) has granted a 45-day stay of removal from federal service for a U.S. Department of Veterans Affairs (VA) employee who filed a retaliation complaint with the U.S. Office of Special Counsel (OSC). The employee was removed from her job at the VA after she blew the whistle on several alleged violations occurring at the outpatient clinic where she was assigned.

Shortly after she began her employment with the VA, the employee internally disclosed to an Associate Director that a Nurse Manager had been misdirecting agency-owned medical supplies in violation of various laws, rules, and regulations. Approximately 6 months after the employee's disclosures, the Associate Director proposed her termination.

In its stay request, OSC stated that it believes the agency removed the employee in March 2022 because of her protected whistleblowing activity in violation of 5 U.S.C. § 2302(b)(8). The MSPB granted OSC's stay request finding “reasonable grounds to believe" that the employee's protected disclosures were “a contributing factor in her probationary termination."

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