Whether the agency can claim it would have taken the same personnel action absent whistleblower disclosure based on grounds not stated in the termination notice

QUESTIONS PRESENTED 1. Whether, in defense of a whistleblower claim of wrongful termination by a probationary employee, pursuant to 5 U.S.C. § 1221, the agency may claim that it would have taken the same personnel action in the absence of such disclosure based upon grounds which were not stated in the notice of termination given pursuant to 5 C.F.R. § 315.804(a)? 2. Whether, in defense of a whistleblower claim of wrongful termination by a probationary employee, pursuant to5 U.S.C. § 1221, the agency may claim that it would have taken the same personnel action in the absence of such disclosure based upon grounds which were specifically rejected by the agency in the first instance?