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WBA-12-0001- In the Matter of Wendy L. Warren

On December 20, 2012, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied an Appeal of a Dismissal of a Complaint filed by Wendy L. Warren (Appellant or Ms. Warren). Ms. Warren filed the Complaint against her former employers, MS Technology, Inc. (MS) and B&W Y-12, L.L.C. (B&W). The Appellant alleges in her complaint that MS and B&W terminated her employment after she reported fraud, gross mismanagement, gross waste of funds, and abuse of authority. Ms. Warren claims that she reported timekeeping irregularities of her supervisor. The Investigator found that the Appellant’s disclosure was too vague and unsupported to come within the ambit of Part 708 protection. OHA found that the Appellant’s Statement of Issue filed to support her Appeal contained only a recharacterization of information she had previously submitted. In her Complaint, she stated that she met with the manager of Y-12’s Office of Employee Concerns (OEC) on September 8, 2010, to report “an intimidating situation,” without giving any details, and her concern that she would not receive a fair job interview because of who was interviewing her. In her Appeal, she affirmatively states that she told the OEC manager that her supervisor was committing time card fraud. In her Complaint, she stated that, in July 2010, she did not tell her supervisor’s boss “what was really happening.” In her Appeal, she affirmatively states that she did tell him. In dismissing the Appeal, OHA found that the Investigator correctly relied on the information before him in dismissing the Complaint. OHA also found that the Appellant cannot now re-plead her case to make it fit within the regulatory scheme. OHA denied the Appeal.