In a case decided this week, the United States Court of Appeals for the Third Circuit turned government filing deadlines on their head by holding that federal Offices of the Inspector General (“OIG”) are not actually bound by the statutory language stating that the OIG “shall” issue an investigative report within 180 days after receiving a whistleblower complaint.
In Jacobs Project Management Co. v. U.S. Department of the Interior, Jacobs petitioned for a review of a final order issued by the Department of the Interior (“DOI”) concluding that Jacobs retaliated against a former employee for whistleblowing in violation of 41 U.S.C. § 4712. In this case, a Jacobs’ employee filed a whistleblower reprisal claim in 2015 alleging that his employer failed to renew his employment contract in retaliation for his having disclosed payment discrepancies under Jacobs’ government contract. Pursuant to Section 4712, the OIG had 180 days to issue a report, and an additional 180 days after properly extending the deadline with the consent of the complainant. However, the OIG did not complete its report until February 2017, well beyond the 360-day deadline. Three years went by before DOI sent Jacobs a letter indicating it had never received a response to the 2017 report. In response, Jacobs first claimed it had never received the report from the OIG, and then it subsequently declined to submit a response to the OIG’s report because the report was issued after the statutory deadline – more...
Secretary-General says Tehran’s claims are provocative and threaten regional stability Abu Dhabi: Gulf Cooperation Council (GCC) Secretary-General Jassim Mohammed Al Budaiwi has strongly condemned ...