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WBA-13-0007 - In the Matter of Alison Marschman

On August 7, 2013, the Director of OHA granted an Appeal involving a complaint filed by Alison Marschman (Marschman) against Battelle Energy Alliance (Battelle) under the DOE’s Contractor Employee Protection Program and its governing regulations set forth at 10 C.F.R. Part 708.  In her complaint, Marschman alleges that she was terminated from her position in 2013 because of a previous Part 708 Complaint she filed in 2009. The OHA Investigator dismissed Marschman’s 2013 Complaint because she found that Marschman had voluntarily resigned her position by virtue of failing to make an election for full-time work or work on an as-needed basis. As another ground for dismissal, the Investigator found that, as a matter of law Marschman’s 2009 Complaint could not have been a contributing cause to her dismissal in 2013 because of the amount of time which had elapsed between the two events.  On review, the Director found that Marschman had not voluntarily resigned her position by virtue of failing to agree to work on a full-time or on an as-needed basis. Further, because Marschman had alleged a continuing period of harassment between the resolution of her 2009 Complaint and her termination, Marschman might be able to establish that the original 2009 Complaint was a contributory factor in her termination. Consequently, the Director granted Marschman’s Appeal.