This Decision will consider a Motion for Summary Judgment which relates to a pending complaint filed by Mr. James J. Myers (hereinafter referred to as “Mr. Myers” or “the Complainant”) on August 11, 2008, against his former employer, ENVIRO AgScience (hereinafter referred to as “EAS”), a subcontractor at the Department of Energy’s (DOE) Savannah River Site in Aiken, South Carolina, under the DOE’s Contractor Employee Protection Program regulations found at 10 C.F.R. Part 708. See Report of Investigation, OHA Case No. TBI-0083 (2009). 1/ EAS seeks dismissal of Mr. Myers’ complaint.