Tonya Knowles v. Department of Veterans Affairs
ERISA Privacy
When an Employee makes a protected disclosure, regarding a Prohibited Personnel Practice which falls under statue 5 USC 2302(b)(8)-(9), against an agency official and or staff are the subjects of the protected disclosures allowed to initiate an investigation regarding the complaints made against them?
Questions Presented 1. When an Employee makes a protected disclosure, regarding a Prohibited Personnel Practice which falls under statue 5 USC 2302 (b)(8)-(9), against an agency official and or staff are the subjects of the protected disclosures allowed to initiate an investigation regarding the complaints made against them? 2. If an employee makes a protected disclosure against an agency official regarding how patient information is safeguarded and the subjects of the disclosure were investigated and placed on a Performance Improvement : Plan, The Office of Inspector General (OIG) verified findings of inadequate safeguards, and the Office of Special Counsel (OSC) acknowledged that patient information was not safeguarded according to the Agency’s protocol would that give an management official motive to retaliate? 3. Ifa whistleblower shows that there protected disclosures contributed to adverse actions does the agency bear the burden of showing that it would have acted in the same way even absent any whistleblowing? j