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TBH-0057 - In the Matter of Frederick L. Higgs

This Decision concerns a whistleblower complaint that Frederick L. Higgs (the complainant) filed under the Department of Energy’s Contractor Employee Protection Program, 10 C.F.R. Part 708, against his former employer, Texas Environmental Plastics, Ltd. (TEP), a DOE subcontractor at the DOE’s Savannah River Site in Aiken, South Carolina.1 The complainant contends that he made a number of disclosures that are protected under Part 708, and that TEP retaliated against him for making those disclosures by terminating his employment. As relief from this alleged reprisal, the complainant seeks back pay and additional monetary compensation as well as reinstatement as a TEP employee in the position of “key” employee, a position he did not hold before his employment was terminated. After considering all the submissions by the parties and all the testimony received at the hearing held on this matter, I have concluded that the complainant has not made a disclosure protected under Part 708 and, therefore, is not entitled to relief.