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Whistleblower Cases

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September 30, 2013
WBU-13-0014 - In the Matter of Earl M. Ballard

On September 30, 2013, the Office of Hearings and Appeals (OHA) issued a decision granting Mr. Earl Ballard’s Appeal of the Portsmouth/Paducah Project Office’s (PPPO) dismissal of his whistleblower complaints for lack of jurisdiction or other good cause.  The OHA found that PPPO did not provide Mr. Ballard with an opportunity to correct his original Complaint’s deficiency before dismissing his complaints and improperly failed to consider his second Complaint, and remanded the case to PPPO in order to provide Mr. Ballard with a reasonable opportunity to supplement his. 

September 19, 2013
WBU-13-0013 - In the Matter of Sabine Lauer

On September 19, 2013, the Office of Hearings and Appeals (OHA) issued a decision denying Ms. Sabine Lauer’s Appeal of the NNSA’s dismissal of her whistleblower complaint for lack of jurisdiction.  The OHA agreed with NNSA’ dismissal of Ms. Lauer’s Complaint because she had entered into a separation agreement with her employer which waived her claims and released her employer from any liability resulting from her employment.  Therefore, the OHA denied her Appeal.

 

September 18, 2013
WBZ-13-0006 - In the Matter of Vincent E. Daniel

On September 18, 2013, the OHA Hearing Officer issued an Initial Agency Decision considering a Motion to Dismiss filed by the Battelle Energy Alliance, LLC (BEA) against its former employee, Vincent Daniel, in connection with Mr. Daniel’s Complaint of retaliation filed against BEA under the DOE’s Contractor Employee Protection Program and its governing regulations set forth at 10 C.F.R. Part 708.  Mr.

September 18, 2013
WBH-13-0006 - In the Matter of Vincent E. Daniel

On September 18, 2013, the OHA Hearing Officer issued an Initial Agency Decision considering a Motion to Dismiss filed by the Battelle Energy Alliance, LLC (BEA) against its former employee, Vincent Daniel, in connection with Mr. Daniel’s Complaint of retaliation filed against BEA under the DOE’s Contractor Employee Protection Program and its governing regulations set forth at 10 C.F.R. Part 708.  Mr.

August 7, 2013
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.

August 5, 2013
WBH-12-0004 - In the Matter of Denise Hunter

On August 5, 2013, a Hearing Officer issued an Initial Agency Decision involving a complaint filed by Denise Hunter against The Whitestone Group (Whitestone) under the DOE’s Contractor Employee Protection Program and its governing regulations set forth at 10 C.F.R. Part 708.  In her complaint, Ms.

July 29, 2013
WBH-12-0005 - In the Matter of Jeffrey S. Derrick

On July, 29, 2013, A Hearing Officer issued an Initial Agency Decision involving a complaint filed by Jeffrey S. Derrick (Derrick) against Shaw AREVA MOX Services, LLC (MOX Services) under the DOE’s Contractor Employee Protection Program and its governing regulations set forth at 10 C.F.R. Part 708.  In his complaint, Derrick alleged that he was terminated in retaliation for activity protected under Part 708. Derrick alleged that he made protected disclosures in four E-mails regarding the installation of pipe supports and pipes in the MOX Facility at the DOE’s Savannah River site.

April 8, 2013
WBU-13-0005 - In the Matter of Sun Kim

On April 8, 2013, the Office of Hearings and Appeals (OHA) issued a decision denying Ms. Sun Kim’s Appeal of the DOE’s Office of Science, Chicago Office’s dismissal of her whistleblower complaint for lack of jurisdiction. The OHA agreed with the Office of Science, Chicago Office’s dismissal of Ms. Kim’s Complaint because she had also filed a claim based upon the same facts under the state of California’s Whistleblower Protection laws. Therefore, the OHA denied her Appeal.

March 27, 2013
WBU-13-0003 - In the Matter of Cassondra B. Stark

On March 27, 2013, the Office of Hearings and Appeals (OHA) issued a decision granting in part and denying in part Ms. Starks’s Appeal of the DOE’s Richland Operations Office’s (RL) Employee Concerns Program’s (ECP) dismissal of her whistleblower complaint for lack of jurisdiction.  The OHA agreed with the ECP’s dismissal of Ms.

January 8, 2013
WBH-12-0002 - In the Matter of John Robertson

On January 8, 2013, a Hearing Officer issued an Initial Agency Decision involving a complaint filed by John Robertson against KQ Services (KQ) under the DOE’s Contractor Employee Protection Program and its governing regulations set forth at 10 C.F.R. Part 708.  In his complaint, Mr.