Legal Review: Whistleblowers Win with New Law

By Employment Attorney Tom Spiggle of The Spiggle Law Firm

Whistleblowers, or those who report a person or organization involved with illicit activity, will have better access to judicial hearings, according to a new law.

It was in early July 2018 that President Trump signed into law the All Circuit Review Act, allowing whistleblowers to go to any U.S. Court of Appeals they choose in order to get an appeal heard.

Prior to President Trump making it official, the allowance was part of a pilot program of the Whistleblower Protection Enhancement Act of 2012. Now, that portion of the program has been made permanent.

Before the All Circuit Review Act was signed into law, those who were considered whistleblowers only had one option. They had to travel to Washington, D.C. in order to have their case heard by the Merit Systems Protection Board (MSPB).

This cost a great deal in time and expense, as often whistleblowers had to travel across the country just to have their case heard. That was a problem, considering that 85 percent of whistleblowers lived a great distance from Washington, D.C.

Many believe that not only will this law make it more convenient for whistleblowers who wish to appeal their case, but it will also help enforce the laws designed to protect whistleblowers.

In Washington, D.C., whistleblowers are more often than not unlikely to find the protection and justice they are entitled to. However, with different locations come different interpretations, and that could greatly benefit whistleblowers.

“This law is a step in the right direction for whistleblowers,” says Tom Spiggle of The Spiggle Law Firm. “The All Circuit Review Act will help ensure that whistleblowers across the country will have increased access to the pursuing the legal justice they deserve.”

The MSPB currently does not issue final decisions on an appeal due to the fact that it does not have a quorum. Currently the quorum needs to be made up of two members before a final decision is made and there is only one member in the quorum as it stands.

While the president of the MSPB has nominated three new members, a significant backlog has collected in the courts waiting for a quorum to be made. This new law will also give hope to those waiting to have their cases heard.