As massive layoffs continue to affect thousands of federal employees, a leading whistleblower attorney has penned an article outlining the legal rights and options available to employees looking to challenge their termination.
In an article for the National Law Review, David Colapinto, a founding partner of Kohn, Kohn & Colapinto who has represented federal employee whistleblowers for decades, details the factors individuals need to weigh to determine whether to file a lawsuit, an administrative complaint or a union grievance.
Colapinto explains the submission process for complaints with the Merit Systems Protection Board (MSPB) but warns individuals from filing without consulting an attorney: “know your rights and get help from an experienced lawyer or your union, before filing with MSPB. The system is filled with traps for the unwary.”
He also details other options, including filing a union grievance, filing a Prohibited Personnel Practice (PPP) complaint with the Office of Special Counsel (OSC), joining class action appeals with the MSPB, and filing a federal court lawsuit or constitutional claim.
“You should take action to protect your rights by seeking legal advice and not sleep on your rights,” Colapinto, who is also a co-founder of National Whistleblower Center writes. “The 30-day statute of limitations to file with MSPB goes by fast. If you do not take timely action to protect your rights, you could be out of luck.”
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