Whistleblowers Wait for Congress to Protect Them

Douglas Peters, a seven-year veteran of the Federal Aviation Authority, told a congressional committee that his supervisor, during a visit to Peters' home, pointed to a photograph of Peters' family on a shelf, and said: "This is what's important."

Then, his voice halting and shaking, Peters said his boss told him, "You have a good job here and your wife has a good job. ... I'd hate to see you jeopardize yours and her careers trying to take down a couple of losers."

-- from CNN: "Whistle-blower: FAA boss threatened career"

Every day here at POGO, we hear from people like Douglas Peters, who tried to protect the public from lax safety inspections at the FAA by raising his concerns. Like it or not, big institutions have a nasty way of protecting themselves. When it comes to whistleblowers, the playbook is almost always the same--try to discredit the person blowing the whistle, take away their career, take away their dignity, and just generally attempt to silence them.

Things are so bad for whistleblowers right now, that we always tell government employees not to blow the whistle publicly. There simply are no legal rights that allow them to have their day in court, get their job back, or somehow be made whole when the bureaucracy tries to crush them and destroy their careers. The rules are so stacked against them, that about 99% of the whistleblowers lose their cases when they come before the kangaroo courts that hear their cases over at the Merit Systems Protection Board and the Federal Circuit.

That is why POGO has joined more than 100 organizations today to urge Congress to finish legislation that will allow government employees and employees of federal contractors to challenge retaliation. Included are journalism organizations like the Society for Professional Journalists and Reporters Committee for Freedom of the Press, as are organizations on the right like National Taxpayers Union and on the left like American Federation of Government Employees.

Last year, Congress took an important step toward restoring whistleblower rights by advancing a vital piece of legislation that will protect whistleblowers from retaliation--HR 985/S 274. Both the House and Senate passed bills by a veto-proof majority. Now, it is up to Congress to finish the job by reconciling the House and Senate versions, and sending a finalized bill to the president for his signature.

Please take a moment to write to your member of Congress at our action page to let them know you want the bill done and done right.

-- Beth Daley

UPDATE: Read today's Steve Barr column in the Washington Post about the bill.

Comments

[Slate Levy]

We have the same problems in Canada, except we have a bigger government. I used DRC (badreferences.com) to catch my ex-supervisor slandering me to potential employers. I believe they are headquartered in the U.S.

I used my report to resolve my dispute with my employer.
I couldn't find a government agency to solve the problem. Sometimes the best answer is in the private sector.

[Henrik Langhjelm]

Hello,

I am pleased to see POGO taking an affirmative stance on the issue of whistleblower rights; It's a tough issue.

For myself, the whistleblower issue is a personal one, having blown the whistle on a federal agency (The US Navy). As a result, I am now and have been effectively blackballed for over 11 1/2 years. In fact, I couldn't obtain a job flushing toilets at McDonald's. I know because I've tried.

Prior to doing what my position description required of me as a GS-12 Industrial Planning Specialist, I was looked upon as an exemplary employee.

I have posted a copy of a letter I wrote (Below) sometime ago to an attorney seeking help. The response was (as has been from every attorney I have tried over 11 years), they do not have the resources to bring suit against the federal government. The following letter demonstrates my concerns:

January 20, 2004

Henrik F. Langhjelm
160 NE Anchor Drive
Belfair, WA 98528
(360) 275-9286-Home
(360) 471-1663-Cell

Netzel & Associates, PC
55 West Wacker Drive
Suite 801 Chicago, IL 60601

Hello,

During my exhaustive search to find representation I came upon your website. I am seeking an attorney to represent me in a civil suit against my former employer and any individual whom have been involved in activities that have interfered with my long-term search for reasonable employment.

Does your firm assist or represent individuals that blow the whistle on a federal agency, more specifically the U.S. Navy?

My problems first began while employed as an Industrial Planning Specialist, on the staff of a U.S. Naval Captain tasked with corporate level responsibility in the pre-planning and execution of nuclear submarine and surface combatant overhaul, and ship-breaking. In this position I discovered countless violations of regulation and law regarding the exposure of employees and military service personnel to toxic airborne emissions and surface contamination from heavy metals and chemical compounds. Many employees were becoming sick, some dying.

In the course of performing my duties regarding these issues I discovered a systematic effort by the employer to undermine the ability of employees to obtain injury compensation benefits, as well as other inappropriate activities involving the Civil Service Retirement System. As a result of making various protected disclosures regarding these issues I was forced to resign under duress. My resignation took place after suffering 1 ½ years of convenient pay problems, many threats, and later being baited to resign with a monetary incentive offer, which I later found came from the very contributions I made into my own retirement account, thus completely killing any chance for possible reinstatement W/O first paying back the very money that was removed from my account.

Later, I won numerous citations against the U.S. Navy through the U.S. Occupational Safety and Health Administration (OSHA), proving the problems that resulted in my protective disclosures initially. This establishes motive for the interference in my employment searches, and the many other activities against my person resulting in my difficulties over the years in pursuit of life, liberty and happiness, or better stated, a livelihood. If I am correct, the Sarbanes-Oxley Act, the Whistleblower Protection Act, Executive Order 12196, 29 USC-Occupational Safety and Health Act, 5 USC-section 2302 (b)(8) and (9), as well as many other provisions of regulation and law prohibit such activities against a federal employee. However, I have been unsuccessful in obtaining help whatsoever. I performed my duty and paid a dear price.

Recently, I received a document from a company I hired (Documented Reference Check, DRC) to see what responses my former employer was providing to prospective employers regarding employment verification checks. The document clearly reveals a rather clever way to interfere with my employment searches W/O specifically defaming my character; Although, I am able to demonstrate through other documents that my character has been defamed. DRC made at least 31 attempts over a 3-month period, but could not obtain any employment verification whatsoever, just runarounds. As such, the US Navy has been effectively pushing me out of the job market. It is my understanding that a document such as the one I was provided (See attachment) by DRC has stood the test and challenges of legitimacy in cases involving the U.S. Department of Labor, up to and including the U.S. Supreme Court.

Additionally, while pursuing my quest for justice, I discovered that scores of individuals whom had been forced out of employment were still in possession of their security badges. This discovery, despite all my efforts to inform the appropriate authorities went on def-ears until 911. It was then that I noticed that certain individuals kept showing up at any number of locations no matter where I went. The peripheral harassment that I still receive to this date (Tampering with my vehicle, calls late at night, being photographed through the window, etc.) is hard to prove; yet to sing out would only make one to appear delusional. After 9 years of this hell and all the poverty and anguish that applies to being a so-called whistleblower, I need a venue for justice and compensation.

I am extensively documented, and can provide many affidavits and materials to prove what I am discussing. I believe that a review of my materials, and an understanding of the depth and scope of my issues would reveal that I have an extremely strong case for civil suit. I am not sure of any application for Qui-Taam.

I would be honored to have an opportunity to discuss my case with you in the hope that I would obtain your representation. I look forward to your response.

Sincerely,

Henrik F. (Hank) Langhjelm