This new guide is a succinct analysis of decisions from AJs and MSPB or the Federal Circuit awarding damages in whistleblower cases. The guide includes an explanation of the Board’s authority to award damages in whistleblower cases. Each case analysis includes a description of controlling facts including the type of harm, such as, pecuniary, emotional, distress, medical expenses, or losses in investments, and the amount awarded.

Major topics include:

• The Long Road to Whistleblower Protection — Civil Service Reform Act of 1978, Whistleblower Protection Act of 1989 and 1994 amendments, Whistleblower Protection Enhancement Act of 2012
• Remedies — compensatory and consequential damages, damages at MSPB, attorney fees, back pay, placement restoration
• Claims of Reprisal for Whistleblowing — OAAs and IRAs, burdens of proof, elements of a claim
• Law of Compensatory Damages — corrective action, motions and addendum proceedings, instructive decisions, EEOC guidance and decisions
• Awards
• Guidance
• Underlying Decisions

Available as a softcover book and/or a PDF file with many useful features delivered on a CD-ROM, USB Flash Drive, or download. Hyperlinks allow the reader to move quickly between the Table of Contents and the corresponding portions of the text. Internal hyperlinks serve as a cross-reference feature within the text.

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With practice tips, this guide sorts the laws and procedures related to whistleblower reprisal. The guide includes in depth discussion of the Whistleblower Protection Act, the Whistleblower Protection Enhancement Act, noteworthy cases, and the Presidential Policy Directive (PPD-19). Major topics include legislative history and sources of law; OSC operations; corrective and disciplinary actions; IRAs and otherwise appealable actions; grievances and whistleblower reprisal claims; stays; burdens of proof; qualifying disclosures; prima facie cases and contributing factor analysis; clear and convincing evidence; remedies, damages and relief; administrative and judicial review; and intelligence community whistleblower protections. (more details)

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+ (*2022) Compensatory Damages and Other Remedies

A Dewey bestseller, Compensatory Damages is the seminal text on how to support and defend against claims for compensatory damages and other remedial claims in federal sector employment discrimination cases. Includes case summaries through mid-2022 and a chart of significant awards. Major topics include equitable and compensatory damages, proving damages, mitigation and offset, back pay, collateral source rule, tax consequences, settlement, managing discovery, calculating damages, and attorney fees. (more details)

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+ (*2022) MSPB Case Summaries

This edition is no longer for sale.
The latest edition is available for purchase here.

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