Sample Complaint for Title 5 Agency Review Against the Irs

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Whistleblower Protection

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Whistleblowers perform an important service by reporting what they reasonably believe to be show of wrongdoing, and should not be subject to, or threatened with, reprisal for doing and so. The Whistleblower Protection Enhancement Human action of 2012 strengthened protection for Federal employee who blow the whistle on waste, fraud, and abuse in government operations. The Treasury Inspector General for Tax Administration (TIGTA) designated a Whistleblower Protection Ombudsman in accordance with this Act; nonetheless, the Whistleblower Protection Coordination Act changed the title toWhistleblower Protection Coordinator.

TIGTA�s Whistleblower Protection Coordinator and Programme are available to employees of the Internal Revenue Service (IRS) and its contractors, subcontractors, and grantees, about whistleblower protections, rights, and remedies. TIGTA�s Whistleblower Program carries out a number of functions, including:

Educating IRS employees most prohibitions on retaliation for protected disclosures, and employees who have made or are contemplating making a protected disclosure about the rights and remedies confronting retaliation for protected disclosures;

Ensuring that TIGTA is promptly and thoroughly reviewing complaints that it receives, and that information technology is getting back to whistleblowers in a timely style; and,

Coordinating with the U.Due south. Office of Special Counsel, and other agencies, and non-governmental organizations on relevant matters.

Note: TIGTA�southward Whistleblower Protection Coordinator cannot act as a legal representative, agent, or abet for any individual whistleblower.

Reports apropos wrongdoing by TIGTA employees or in TIGTA programs should be reported direct to TIGTA�s Hotline.

For more information on whistleblower rights and protections, please see the pamphlet prepared by the Office of Special Counsel, Know Your Rights When Reporting Wrongs.

What is a Whistleblower?

A �whistleblower� is an employee, erstwhile employee, applicant, or employee of a Federal contractor who discloses information she or he reasonably believes is bear witness of:

A violation of any law, rule, or regulation;
Gross mismanagement;
Gross waste of funds;
Corruption of authority; and/or
Substantial and specific danger to public wellness or condom.

What is Whistleblower Retaliation?

It is unlawful (i.e., a prohibited personnel practice) for agencies to have or threaten to take, or threaten to take, a personnel action against an employee or applicant because he or she disclosed wrongdoing or gross mismanagement (i.eastward., whistleblowing activities). Personnel actions can include a poor performance review, not-promotion, demotion, disciplinary action, unfavorable operation evaluation, and termination.

How to File a Complaint of Whistleblower Retaliation?

Individuals who believe they have been improperly retaliated against may contact the following entities:

The Office of Special Counsel (OSC). OSC is an independent agency enforcing whistleblower protections, safeguarding the merit organisation, and providing a secure aqueduct for whistleblower disclosures. Data on filing a complaint with OSC may be at www.osc.gov.

TIGTA'due south Office of Investigations (OI) at TIGTA's Hotline. If you lot submit your complaint to TIGTA, OI volition review the accusation to make a determination every bit to whether TIGTA OI will investigate the thing or refer the complaint to another advisable agency.

The Merit Systems Protection Board (MSPB). Sure employees may be able to appeal directly to MSPB. More information on whistleblower MSPB appeals is available at www.mspb.gov/appeals/whistleblower.htm.

Allegations of reprisal regarding Equal Employment Opportunity (EEO) matters generally should exist addressed through the EEO procedure.

TIGTA'south Whistleblower Protection Coordinator

TIGTA's Whistleblower Protection Coordinator provides teaching to increment awareness of prohibitions confronting whistleblower retaliation and the rights and remedies against retaliation for making protected disclosures.

The Coordinator is prohibited from acting as a complainant's legal representative, agent, or advocate. For boosted data apropos whistleblower rights and remedies, please contact Lori Creswell at WhistleblowerProtection@tigta.treas.gov.

Disclosing Classified Information

A disclosure of waste, fraud, or corruption that includes classified information is not a protected disclosure nether the whistleblower laws unless the disclosure is made in accordance with the laws and rules that govern the proper treatment and manual of classified information. For example, you are not protected for disclosing classified information to an unauthorized recipient, even if you reasonably believe the information is evidence of waste, fraud, or abuse. Y'all tin make a protected disclosure of classified information to the TIGTA, but the data may not exist transmitted using the TIGTA�south unclassified hotline. For more information on how to properly provide classified information to the TIGTA, please contact the TIGTA�due south hotline at 1-800-366-4484 or the TIGTA Whistleblower Protection Coordinator.

Protection for Employees with Admission to Classified Information

Pursuant to Presidential Policy Directive (PPD-xix), Protecting Whistleblowers with Access to Classified Data, an action affecting access to classified information cannot exist taken in reprisal for protected whistleblowing.

Employees of IRS Contractors, Subcontractors, Grantees, or Subgrantees of Personal Services Contractors.

Nether Championship 41, United States Code, � 4712, it is illegal for an employee of a Federal contractor, subcontractor, grantee, or subgrantee or personal services contractor to be discharged, demoted, or otherwise discriminated against for making a protected whistleblower disclosure.

Non-Disclosure Agreements

The Whistleblower Protection Enhancement Deed of 2012 (WPEA) requires, among other things, that any not-disclosure policy, form or agreement (NDA) include the below linguistic communication. Whatsoever NDA executed without the below linguistic communication should be read as if the post-obit language were incorporated into the NDA:

These provisions are consequent with and do not replace, conflict with, or otherwise change the employee obligations, rights, or liabilities created by existing statute or Executive lodge relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector Full general of a violation of any constabulary, rule or regulation, or mismanagement, a gross waste of funds, an abuse of authorization, or a substantial and specific danger to public health or prophylactic, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this understanding and are decision-making.

The following are controlling in the case of whatsoever conflict and an NDA:

Executive Social club No. 13526;
Section 7211 of Title 5, United States Code (governing disclosures to Congress):
Section 1034 of Championship 10, United States Code, every bit amended by the Armed forces Whistleblower Protection Act (governing disclosure to Congress past members of the military);
Section 2302(b)(viii) of Title 5, United states of america Lawmaking, equally amended by the Whistleblower Protection Human activity of 1989 (government disclosures of illegality, waste material, fraud, abuse, or public health or safety threats);
Intelligence Identities Protection Deed of 1982 (50 The statesC. � 421 et seq.)(governing disclosures that could expose confidential Government agents):
The statues which protect against disclosure that may compromise the national security, including sections 641, 793, 794, 798, and 952 of Title 18, Unites States Code; and,
Section 4(b) of the Subversive Activities Human action of 1950 (fifty U.Southward.C. � 783(b)).

OSC Whistleblower Posters

Click on the thumbnails below to view the full-size posters:

Click to open the full-size Whistleblowing Poster Click to open the full-size Prohibitive Personal Practices Poster Click to open the full-size Your Rights As A Federal Employee Poster