Applicable Law | Pleadings | Representation | Time Limits for Filing | Jurisdiction | Discovery | Burdens of Proof | Hearing | Relief | Right to Further Review
- What law governs FBI whistleblower cases?
- What does 5 U.S.C. § 2303 provide?
- What do the FBI whistleblower regulations, 28 C.F.R. Part 27, provide?
- What is a pleading?
- What is the date of filing for pleadings filed with OARM?
- Is there a page limit on my pleadings?
- Is there a required paper size for my pleadings?
- Must I provide the other party with a copy of each pleading I file with OARM?
- How do I prove that I have provided the other party with a copy of my pleading?
- What is a certificate of service?
- Must I be represented by an attorney to file a request for corrective action?
- If I choose to designate a representative to handle my request for corrective action, must that person be an attorney?
- What if I cannot afford an attorney?
- What are the time limits for filing a request for corrective action with OARM?
- How will I know if the Conducting Office has terminated its investigation of my reprisal complaint?
- What if I want to file a request for corrective action with OARM, but have not heard anything from the Conducting Office since filing my reprisal complaint?
- What determines the date of filing for a request for corrective action?
- How do I establish that my request for corrective action is timely filed?
- What if I miss the deadline for filing my request for corrective action?
- How do I establish good cause for my untimely filed request for corrective action?
- What is jurisdiction?
- Who has the burden of proving OARM’s jurisdiction over a request for corrective action?
- How do I establish OARM’s jurisdiction over my request for corrective action?
- If the Conducting Office has terminated its investigation of my reprisal complaint, will that termination influence OARM’s decision over my request for corrective action?
- What does it mean to exhaust my remedies with the Conducting Office?
- How do I prove that I have exhausted my remedies with the Conducting Office?
- What if I have failed to exhaust with the Conducting Office all of the claims raised in my request for corrective action?
- What constitutes a protected disclosure?
- What is a reasonable belief?
- In making a protected disclosure, do I have to prove that the information disclosed actually constituted wrongdoing?
- To whom must my disclosure be made in order to be protected?
- Who is the highest ranking official in my FBI field office?
- May I make a disclosure to the U.S. Office of Special Counsel (OSC)?
- How do I make a nonfrivolous allegation that my disclosure was a contributing factor in the personnel action against me?
- What are the personnel actions covered by the FBI whistleblower regulations?
- What is discovery?
- When is discovery permitted?
- What are the methods for conducting discovery?
- How does the discovery process begin and what are the applicable time limits?
- Are there any limits on the number of discovery requests a party may serve?
- What if my request for discovery is not honored by the other party?
- Does the Director of OARM’s authority to compel a witness’ testimony apply to depositions?
- When must my motion to compel discovery be filed?
- What must my motion to compel discovery contain?
- May I seek to obtain discovery documents from the Conducting Office?
- How much time do the parties have to complete discovery?
- What happens after discovery is completed?
- What is my burden of proof with respect to my request for corrective action?
- What is preponderant evidence?
- Am I automatically entitled to relief if I prove by preponderant evidence that I made a protected disclosure that was a contributing factor in the FBI’s personnel action(s) against me?
- What is the FBI’s burden of proof under the clear and convincing standard?
- What factors will OARM consider in assessing the FBI’s burden of proof?
- What is a similarly situated comparative employee?
- Do I have a right to a hearing before the Director of OARM on the merits of my request for corrective action?
- How do I request a hearing before the Director of OARM?
- What remedy or relief am I entitled to if the Director of OARM determines that the FBI retaliated against me for my whistleblowing activities?
- If the Director of OARM finds that the FBI retaliated against me for my protected disclosure, can OARM order or recommend to the FBI that the individuals responsible for the retaliation be disciplined?
- What can I do if I am not satisfied with OARM’s final determination?
- Do the parties have the right to an interlocutory appeal to the Deputy Attorney General?
Updated: April 2013
