Where two plaintiffs have claimed violations of the Federal Employee Whistleblower Protection Enhancement Act, that count must be dismissed because neither plaintiff qualifies as a federal employee subject to the protections afforded under 5 U.S.C. §2302 and 5 U.S.C. §2105.
“Plaintiffs Eric Sheehan and Beth Scheffler (collectively, ‘Plaintiffs’) claim violations of the Federal Employee Whistleblower Protection Enhancement Act (‘WPEA’) (Count I) and several Massachusetts state laws (Counts II–VI) by Chelsea Soldier’s Home, Holyoke Soldier’s Home, Executive Office of Health and Human Services (‘EOHHS’), Department of Veterans Services (‘DVS’), Cheryl Poppe, Matthew Deacon, Eric Johnson, Diane Randolph, and Karyn Brudnicki (collectively, ‘Defendants’) following the termination of their employment. …
“During the COVID-19 pandemic, Plaintiff Eric Sheehan was appointed by then-Massachusetts Governor Charlie Baker ‘to identify and fix problems’ at Massachusetts soldier’s homes. … At that time, Plaintiff Beth Scheffler was the Acting Chief Nursing Officer at one of those homes — the Chelsea Soldier’s Home (‘CSH’). …
“Defendants argue that Plaintiffs’ claim under the WPEA should be dismissed for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) because Plaintiffs are not federal employees and are therefore not protected by the WPEA. …
“… An individual who is not a federal employee under 5 U.S.C. §2302 and 5 U.S.C. §2105 cannot state a claim under the WPEA. …
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