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Understanding the Mississippi Whistleblower Protection Act

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The Mississippi Whistleblower Protection Act (MWPA) is a crucial law designed to protect employees who report illegal, unethical, or improper actions by their employers. Whistleblowers play a significant role in ensuring accountability and transparency within government agencies and public organizations, often exposing misconduct that affects taxpayers, public resources, and employees’ rights.

This article breaks down the key aspects of the MWPA, explaining its protections, who qualifies as a whistleblower, and what actions are covered under the law. If you believe you’ve faced retaliation for reporting wrongdoing, understanding your rights under this law is essential.

What Is the Mississippi Whistleblower Protection Act?

The Mississippi Whistleblower Protection Act (Miss. Code Ann. § 25-9-171 to § 25-9-177) is a state law enacted to shield public employees from retaliation when they report violations of laws, rules, or regulations by government agencies or public officials.

Under the MWPA, it is unlawful for a government employer to:

  • Fire, demote, or reduce the pay of an employee.
  • Harass or otherwise retaliate against an employee for reporting misconduct.

The law covers public-sector employees, ensuring they can speak out about corruption or violations without fear of losing their jobs or facing other workplace consequences.

Who Is Protected Under the MWPA?

The MWPA specifically applies to public employees, including those working for:

  • State government agencies.
  • County or municipal governments.
  • Public schools and other government-funded entities.

Private-sector employees are not covered under the MWPA. However, other federal laws, such as the Sarbanes-Oxley Act or Occupational Safety and Health Act (OSHA), may provide protections for whistleblowers in private employment settings.

What Actions Are Protected?

To qualify for protection under the MWPA, the whistleblower must report violations related to:

  • State or federal laws.
  • Rules or regulations governing the conduct of public officials or agencies.

The report must be made in good faith, meaning the whistleblower reasonably believes the information is true and relevant. Examples of protected actions include:

  • Reporting financial fraud or misuse of public funds.
  • Disclosing violations of workplace safety rules.
  • Exposing unethical hiring or contracting practices.
  • Reporting discrimination or harassment within a public agency.

Reports made through official channels, such as internal supervisors or external regulatory agencies, are typically protected under the law.

Protections Against Retaliation

The MWPA prohibits employers from retaliating against whistleblowers who make good-faith reports. Common forms of retaliation include:

  • Termination or demotion.
  • Pay cuts or denied promotions.
  • Workplace harassment or hostile work environments.
  • Negative performance reviews as punishment for reporting.

If retaliation occurs, whistleblowers may have the right to file a lawsuit seeking remedies such as reinstatement, back pay, and damages for emotional distress.

Limitations of the MWPA

While the MWPA offers essential protections, there are some limitations to be aware of:

  1. Public-Sector Scope: The law only applies to public employees. Private-sector whistleblowers must rely on other state or federal laws for protection.
  2. Good Faith Requirement: Employees must act in good faith. Reports made maliciously or without a reasonable basis may not qualify for protection.
  3. Reporting Requirements: Whistleblowers must typically follow established reporting procedures. Failing to report misconduct through the proper channels may jeopardize their claim.

Understanding these limitations is crucial for employees considering whistleblowing under the MWPA.

How the MWPA Protects Taxpayers

The MWPA not only protects whistleblowers but also safeguards taxpayer resources by encouraging transparency and accountability. By exposing fraud, waste, or abuse, whistleblowers help ensure that public funds are used appropriately and that government entities operate ethically.

For example, whistleblower reports have led to:

  • Recovery of embezzled funds.
  • Termination of corrupt officials.
  • Improved workplace conditions in public agencies.

Steps to Take if You’re a Whistleblower

If you suspect misconduct and are considering reporting it, the following steps can help protect your rights under the MWPA:

  1. Document the Misconduct: Collect evidence, such as emails, memos, or other documents, to support your claim.
  2. Follow Reporting Procedures: Report the issue through the appropriate channels, such as a supervisor, compliance officer, or external regulatory agency.
  3. Act in Good Faith: Ensure your report is based on reasonable facts and made with the intent to expose wrongdoing.
  4. Consult an Attorney: If you fear retaliation or have already experienced adverse actions, contact an attorney experienced in whistleblower protection laws.

Taking these steps can strengthen your case and help you avoid potential pitfalls.

Frequently Asked Questions

What is whistleblowing?
Whistleblowing involves reporting illegal, unethical, or improper conduct by an employer, often to expose fraud, waste, or abuse.

Does the MWPA protect private-sector employees?
No. The MWPA only applies to public-sector employees. Private employees may be protected under federal laws like OSHA or Sarbanes-Oxley.

How can I prove retaliation?
Evidence such as termination letters, pay stubs showing demotion, or records of harassment can support a retaliation claim. Consulting an attorney is critical in building a strong case.

Do I have to report misconduct internally first?
Not necessarily. While internal reporting is often encouraged, you may also report misconduct to external regulatory agencies if internal options are ineffective or unsafe.

Can I sue my employer under the MWPA?
Yes. If you experience retaliation after whistleblowing, you can file a lawsuit seeking remedies such as reinstatement, back pay, or damages.

Is there a time limit for filing a whistleblower claim?
Yes. Mississippi law sets deadlines for filing claims, so acting promptly is essential. An attorney can help you understand the timeline for your specific case.

Does the MWPA protect anonymous whistleblowing?
While anonymity can provide initial protection, it may be difficult to pursue legal remedies without identifying yourself in retaliation cases.

What should I do if my employer threatens retaliation?
Document the threats and consult an attorney immediately. Retaliation is illegal under the MWPA, and you may have grounds for legal action.

Can whistleblowers receive rewards for reporting misconduct?
The MWPA does not include reward provisions. However, federal programs like the False Claims Act may offer financial incentives for reporting fraud involving federal funds.

What are my options if my employer claims my report was false?
If you acted in good faith and reasonably believed your report was accurate, you are protected under the MWPA. An attorney can help defend your case against such allegations.

Protecting Whistleblowers and Holding Employers Accountable

The Mississippi Whistleblower Protection Act is a powerful tool for ensuring government accountability while protecting employees who speak out against wrongdoing. If you believe you’ve been retaliated against for reporting misconduct, Jonathan Barrett and Barrett Law, PLLC are here to help.

Jonathan Barrett Fights for Mississippi Whistleblowers – Call 24/7/365 at (601) 790-1505 to Receive Your FREE Consultation

Barrett Law represents public employees throughout Mississippi, including the Mississippi Gulf Coast, Jackson, Hattiesburg, Oxford, Tupelo, Pine Belt, Central, Southern, and Northern Mississippi. Call us at (601) 790-1505 to discuss your case and explore your legal options. You deserve protection, and we’re here to ensure your voice is heard.

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Mississippi Whistleblower Attorney Describes Three Ways Whistleblowers Can Prepare Themselves Before Taking Action

It is well known that blowing the whistle on fraud, waste, or corruption is risky. However, the good that can come from the actions taken by employees who are brave enough to step forward and bring their employers’ misdeeds into the light is tremendous. Some laws protect whistleblowers, and if you are considering blowing the whistle on your employer, it is wise to educate yourself about whistleblower protection ahead of time.

For example, you must understand the concept of “protected activity” before you make any report. To be eligible for compensation for any retaliation that you might experience after you make a report, you must make your report correctly. The reporting or other activities that you did to expose or respond to your employer’s conduct must fall within the definition of a “protected activity” that is contained in one or more whistleblower protection laws. Reporting is one activity that is protected, provided that you have a reasonable belief that the conduct you are reporting violates the law. It is critical that you know that protection often extends to internal reports and complaints to management or supervisors as well as reports to external agencies. Refusing to violate the law and refusing to work in an unsafe environment are other examples of protected activities.

Blowing the whistle is not a matter to be undertaken spontaneously. Careful preparation before you make a report is critical. To make your report as credible as possible, gather evidence that will support the allegations you plan to make. Documents and photos may be accessible to you, and these can help support your claims. However, do not copy any documents or pictures unless you are sure that doing so does not violate your employer’s code of conduct. Personal notes, meeting minutes, and journals can also support your claim. Use caution when gathering evidence of conversations, as recording conversations is not always legal. If you find that you can legally record conversations that you are involved in, know that audio evidence discussing plans to violate the law has proven valuable in many whistleblower cases.

If you’re thinking about blowing the whistle, plan your steps carefully before you take action. You might be able to make an anonymous report under one or more whistleblower programs, such as the whistleblower program that is operated by the United States Securities and Exchange Commission (SEC). If anonymous reporting is available to you, you might want to take that avenue to decrease the possibility that you will experience retaliation. Unfortunately, not all conduct that needs to be reported can be reported anonymously. If anonymous reporting is not available in your particular situation, you may have to boldly move forward and take your concern through whatever process is available to you, even if that means disclosing your identity while doing so.

Careful preparation is key to a successful whistleblower claim. Study the applicable laws and gather the information that will help you as you move forward with making your report. If you have questions, a whistleblower protection attorney is a valuable resource who may be able to help you find the answers. To learn more about whistleblower protection, call the Mississippi Whistleblower Attorneys of Barrett Law PLLC today at 1 (601) 790-1505 for an initial consultation.

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Mississippi Whistleblower Attorney Shares Tips for Surviving at Work After You Blow The Whistle

Many whistleblowers continue to work for their employers for as long as possible after they make an internal or external whistleblower report. Losing a job is hard, and the employees who are whistleblowers make reports because they want their employer to stop wrong conduct, not because they don’t want to continue working for them. Sometimes, whistleblowers can continue working for their employers without experiencing any adversity within their workplace. However, many whistleblowers experience retaliation after they make one or more reports. Whether you are currently experiencing retaliation of you fear that you may soon encounter hostility at work, the following three suggestions can help you stay strong as you navigate your job and workplace for as long as you possibly can.

If you do experience retaliation after you blow the whistle, you must act quickly to preserve your rights. Time matters in whistleblower protection cases and each whistleblower protection law contains a statute of limitations, or a time limit, within which you must file a claim for your claim to be valid. Each law has a unique statute of limitations, and some of them are as short as thirty days from the time the retaliation occurred.

Even before you make your report and certainly after you do so, do not give your employer any legitimate reason to fire you. Not only will you have no job if you get fired, but your termination could also serve to discredit your report if you were terminated for a good cause. It can be challenging to remain polite and calm in the face of retaliation, but it is critical that you get whatever personal support you need to do so. Be sure to take good care of your physical and mental health, talk with supportive family and friends, and seek counseling if need be. Do not confide in coworkers, even if they are your friends, and refrain from gossip of any type. If your employer asks you to cooperate in an investigation, do so without hesitation. Hold your head high, and continue to do your best work in fulfilling all of your duties and responsibilities.

Many whistleblowers feel so uncomfortable at work after they experience retaliation that they consider leaving their jobs. Quitting your job is never something to be undertaken impulsively, even if you are under intense scrutiny and facing retaliation at work. Some whistleblowers do need to leave their jobs to preserve their health or their safety regardless of the consequences. However, it is critical that you think through the possible impacts of resignation on any claims you might have for retaliation, your career options, and your ability to aid in any investigations that are being pursued against your employer.

Remaining at your job after you blow the whistle can be extremely difficult. If you have attempted to bring concerns to the attention of management and you have experienced retaliation after reporting a concern, we may be able to help you. To learn more, call the Mississippi Whistleblower Attorney at Barrett Law PLLC today at 1 (601) 790-1505 to set up an initial consultation.

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Mississippi Whistleblower Attorney Says Whistleblowers are Fighting to Protect Public Lands from Exploitation

An employee of the United States Bureau of Land Management (BLM) has filed a complaint against the agency, alleging that the Bureau is allowing illegal activities to occur on federal public lands in Nevada. Dan Patterson, a BLM employee, was suspended after making the complaint, which describes what he believes to be multiple violations of the law.

Patterson says that he spent two years trying to voice his concerns to his supervisors at the BLM. He filed his complaint when it became clear to him that his supervisors were not listening to what he had been trying to tell them. Dan Patterson provides valuable insight into the hearts and minds of whistleblowers. He explains that public employees are not likely to make a whistleblower complaint until they have put significant effort into pursuing their concerns with those who are in a position to address them and have come up empty-handed.

Some of the activities described by Patterson in his complaint are being carried out by mining and resource extraction companies. For example, a mining company was allowed to deviate from the operating procedures that are prescribed by law. The mining company applied for and received a permit to make a toxic pit lake. The standard procedure would have required the company to use a less hazardous method to perform the same function, albeit at a higher cost.

Other instances of misuse of public lands that Patterson alleges in his complaint apply to individuals or groups of people. For example, five prominent individuals who refer to themselves as “the five jokers” hold a mining claim on public lands. There are no mining or exploration activities taking place on the property, but there are vacation homes. Patterson says that the law limits what a person may do on land held as a mining claim and that developing the area as a vacation property does not fit within the activities that are allowed.

Dan Patterson is aware of other instances of misuse taking place on public lands. He is unable to access the emails, documents, and other information that he would have to provide to support those additional allegations. Patterson says that his inability to obtain those materials is part of a larger scheme that is at work within the BLM, where the agency encourages its employees to engage in telephone conversations instead of email conversations to prevent employees from keeping records of their discussions.

The nature of the structure and staffing of many agencies like the BLM adds to the difficulty agency employees often encounter when trying to approach agency management with their concerns. The BLM does not have a permanent director. Many positions within the BLM and other agencies within the Department of the Interior are filled with political appointees. The BLM has been around for a long time, but it is currently experiencing more political pressure than it has at any other time in the past.

Dan Patterson was suspended after he tried to speak with management about his concerns and eventually made a whistleblower complaint against his employer. If you have attempted to bring concerns to the attention of management and you have experienced retaliation after reporting a concern, we may be able to help you. To learn more, call the Mississippi Whistleblower Attorney at Barrett Law PLLC today at 1 (601) 790-1505 to set up an initial consultation.

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Mississippi Whistleblower Attorney Says Whistleblowers Can Help Clean Up Sports

The world of professional athletics is not devoid of corruption. If you consider how much wrongdoing occurs in the various sports leagues and organizations around the world, you can only come to one conclusion – whistleblowers play an integral role in keeping athletic contests of all kinds clean and fair.

A family from Russia had to flee their home and seek refuge in America after they blew the whistle on athletic doping in their homeland. Despite the threats and hardships the family has endured and will likely continue to suffer, they are pleased to learn that an international anti-doping panel has prohibited Russia from competing for four years. This sanction excludes Russia from participating in the upcoming Tokyo Olympics, among other things. Vitaly Stepanov says that after numerous threats of punishment and halfhearted attempts at sanctioning the country, an organization has finally moved forward and issued an actual consequence for Russia.

The Stepanovs have been labeled traitors by those in Russia. The family has applied for asylum in the United States and hopes to be able to remain here. Yulia and Vitaly Stepanov do not regret telling the truth about what they saw in Russia. Yulia is an athlete, a distance runner, and Vitaly worked for the Russian Anti-Doping Agency. Together they exposed a state-run doping system in Russia, which the World Anti-Doping Agency has investigated and confirmed. The Stepanovs understood the risks involved in taking a stand against doping, but they chose to move forward despite the harsh criticism that they knew would come along with doing so.

When whistleblowers come forward to expose wrongdoing in athletics like Yulia, and Vitaly Stepanov have done, they score victories for clean athletes everywhere as well as for the integrity of international sporting events like the Olympic Games and other athletic contests and organizations. Numerous problems exist within athletic leagues and organizations, including doping, match-fixing, sexual harassment, and corruption. Sports touch people’s lives in many ways, whether they are athletes, parents of athletes, fans, sponsors, or workers within athletic organizations. Holding athletes and athletic organizations accountable for participating in and promoting clean, safe, fair competition is critical to the good of the sporting world and the good of society.

Many people work within sports organizations, and some of them have access to things the general public is unable to see. Whether it’s the impact of gambling, tax evasion, and questionable accounting practices, or criminal activity that is being ignored or covered up by an athletic organization, your voices are needed to bring those things out into the open so they can be addressed. Sexual harassment and abuse are huge problems in athletics, which is compounded by power imbalances between athletes and the coaches who train them as well as a focus on the bodies of the athletes. Unless whistleblowers expose the inappropriate things that are happening inside of sports, the risk of harm to athletes will persist.

If you have a potential athletic whistleblower claim, a Mississippi whistleblower protection attorney may be able to assist you in pursuing that claim. To learn more, call the Mississippi Whistleblower Attorney at Barrett Law PLLC today at 1 (601) 790-1505. to set up an initial consultation.

 

 

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Mississippi Whistleblower Attorney Say Whistleblowers Could Help Solve the Climate Crisis

The climate of planet earth is in grave danger. Despite the voices of those who choose to ignore the mounting evidence of this crisis, more people are aware of it now than ever before. Along with this increased awareness has come expanded agreement that action is needed now to address what is now a climate emergency. This past November, eleven thousand scientists from around the globe united in warning all of us that immediate and immense effort is required if we are to have any hope of preventing the widespread suffering that will occur if we fail to act.

In many ways, it appears as though we are well on our way to addressing the problem of global climate change. After all, we have made impressive gains in developing renewable energy, and we continue to pursue energy efficiency in leaps and bounds. Despite all the movement in the right direction, fossil fuel emissions around the world continued to increase for the third consecutive year. While we must continue to develop wind, solar, and other proven renewable energy resources, we must also be vigilant in stopping activities that lead to increased carbon emissions. Some of the activities that must be addressed are, in fact, illegal, and corruption and crime have been exposed within the timber industry as well as the petroleum production industry.

Whistleblowers and would-be whistleblowers who work in the timber, oil, gas, and other energy industries are in a position to expose crime and corruption from within their industries. When crime and corruption are exposed, they can be stopped. For example, fossil fuel companies have long known the climate-change risks associated with their products. Recent testimony given before Congress revealed a campaign by the petroleum industry to create confusion and disseminate disinformation about the climate change risks associated with their products. The campaign is eerily similar to the tactics used by the tobacco industry to confuse and misinform the public about the health risks associated with their products.

There is also the possibility of pursuing claims of actionable fraud against petroleum companies. There are at least a few companies who claim they are moving forward in a way that will comply with the Paris Agreement while at the same time funding infrastructure projects that will not help them accomplish that. As petroleum companies are slow to work toward the change they claim they are making, the climate is also being assaulted by carbon emissions from illegal logging operations in countries where corrupt governments and weak environmental laws are failing to stop them. Actionable fraud and other types of whistleblower cases that could be brought against petroleum and timber companies could be effective in preventing activities that contribute to climate change if they result in meaningful sanctions against the responsible parties.

Whistleblower protection attorneys are potent allies in the face of painful retaliation. If you have experienced retaliation as the result of reporting safety, health, financial, or other concerns, call the Mississippi Whistleblower Attorney of Barrett Law PLLC today at 1 (601) 790-1505 for an initial consultation.

 

 

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Mississippi Whistleblower Attorneys Remind Us To Be Thankful For Whistleblowers

The holiday season is often associated with expressions of gratitude and thankfulness for the things in our lives that are good. Some of the good things in our lives are the result of the efforts of whistleblowers. Over the course of American history, whistleblowers have stepped forward and taken action to protect others by exposing government and corporate misconduct, often at a high cost to themselves and their families. As we give thanks this holiday season, let’s remember some of the ways that whistleblowers have improved the lives of Americans throughout history by standing up to America’s powerful corporations.

In 1974, Karen Silkwood died under mysterious circumstances after she testified before the Atomic Energy Commission regarding plutonium contamination in her body that occurred while she was working in a Kerr- McGee nuclear plant. Silkwood reported health and safety violations and described working conditions that had exposed her and her co-workers to dangerous radiation. At the time of her death, Karen Silkwood was preparing to go public with more evidence of her experience. Other nuclear-plant workers, including the GE-Three, reported unsafe conditions at other nuclear facilities and testified before Congress. The work done by nuclear power plant whistleblowers led to improvements in workplace safety for nuclear power plant workers.

Public knowledge about the dark side of cigarette manufacturing came about because Jeffrey Wigand spoke up despite threats to his life. Wigand appeared on 60 Minutes. During his interview, he said that the tobacco firm where he worked as a VP for research and development, Brown & Williamson, purposefully manipulated the level of nicotine in its cigarettes to make it more likely that smokers would become addicted to their product.

A pair of courageous women, Cynthia Cooper and Sherron Watkins, exposed fraudulent accounting at two giant corporations. As a result of the women’s efforts to expose the accounting frauds that they had witnessed, Worldcom and Enron both ended up in bankruptcy.

Some of the whistleblowers that have exposed fraud are less well known than the more widely publicized whistleblowers who were involved in situations with big-name businesses. Academic fraud threatens the integrity of American school systems, and courageous individuals have stepped forward to expose that fraud. For example, Brian Donlon blew the whistle on fraud within Maryland’s Montgomery County Public School System. Donlon’s situation also paved the way for Maryland to pass legislation protecting whistleblowers in public schools, although the new law does not protect Donlon himself because it is not retroactive. Mary Bozoyan experienced severe retaliation after exposing grade-fixing, cover-ups, stealing, and other misdeeds allegedly committed by the principal of a New York high school where she worked as a math teacher.

To learn more about whistleblower laws and whistleblower protection claims, call the seasoned Mississippi Whistleblower Attorney at Barrett Law PLLC today at 1 (601) 790-1505 to set up an initial consultation.

 

 

 

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Mississippi Whistleblower Attorney Says Not All Who Qualify for Protection as Whistleblowers Receive It

Whistleblowers are motivated by a desire to do the right thing. Unfortunately, as often happens in many situations where people take care to do the right thing, whistleblowers do not always receive the proper treatment in return. Would-be whistleblowers must be aware that blowing the whistle is a good course of action that may carry harsh consequences, and that protection under whistleblower protection laws is not guaranteed.

There are a variety of whistleblower protection laws that cover diverse populations of employees at a variety of types of organizations. Unfortunately, there are some employees in some organizations whose whistleblowing in specific circumstances or in a particular way is not covered by a whistleblower protection law. Because of this, the collective effect of whistleblower protection laws and policies is like an umbrella with a few holes in it.

A whistleblower protection attorney could be able to help you avoid some of the pitfalls that could exclude you from protection under whistleblower protection laws, but sometimes the damage has already been done before the whistleblower sets foot in the lawyer’s office. For example, a whistleblower who didn’t follow their organization’s policy for reporting misconduct might not be able to obtain protection under the laws that protect whistleblowers. Likewise, if a grievance regarding termination or retaliation is not filed with the proper party within a particular time frame, the person filing the claim may be unable to access protection as a whistleblower. Sometimes, a whistleblower may think they have a choice of several different laws under which they can report misconduct. Unfortunately, choosing to pursue a matter under one law often excludes you from being able to go about it another way. What’s more, if you decide to pursue a matter under an incorrect statute, you could end up without a valid case.

Before you blow the whistle, check yourself to be sure that your attitude and or your actions won’t get you disqualified from protection under whistleblower laws. Good faith is usually a requirement for obtaining protection. If anyone can cast doubt on whether your motivation for exposing the misconduct was anything but pure, you could be without protection. Likewise, if you did anything wrong along the way to exposing the wrongdoing, even something seemingly innocuous like copying documents, your conduct could exclude you from protection as a whistleblower under the doctrine of “unclean hands.”

Another reason that you may be unable to obtain protection under whistleblower laws is that you are unable to connect the retaliation to your whistleblowing or your employer is able to make a persuasive argument that there was some other reason for what you experienced, such a poor job performance.

Legal technicalities, loopholes, and other exclusionary principles are, unfortunately, common in whistleblower cases. A  Mississippi whistleblower protection attorney may be able to assist you in avoiding those pitfalls and prevail in your claim. To learn more about whistleblower laws and whistleblower protection claims, call the Mississippi Whistleblower Attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to set up an initial consultation.

 

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Mississippi Whistleblower Attorney Describes the Procedure for Blowing the Whistle With Intelligence-Related Complaints

Whistleblowers come from all kinds of positions and professions. From the corporate world to government headquarters, individuals come forth to expose misdeeds. Sometimes, whistleblowers are caught in a position where they have information about wrong actions happening within their workplace or organization, but because of the nature of the wrongdoing, blowing the whistle publicly could compromise national security. This is a delicate position, and anyone in that position must understand that there is a mechanism for blowing the whistle without blowing the cover off of sensitive information.

The Intelligence Community Whistleblower Protection Act (the Act) protects intelligence officials from retaliation after they bring forth concerns about government misconduct. Not only does the Act protect whistleblowers, but it also provides a procedure for blowing the whistle without revealing classified information. If a person follows the process outlined in the Act, they cannot be prosecuted criminally, nor can they be fired.

The way that the Intelligence Community Whistleblower Protection Act says intelligence officials must submit their concerns about government misconduct to the Inspector General of the intelligence community. When the Inspector General receives a complaint, they have fourteen days to evaluate it. If the Inspector General determines that the claim describes a matter of urgent concern – a violation of the law, an abuse of power, or other serious problem that relates to an intelligence activity that involves classified information, the complaint must get forwarded to the Director of National Intelligence.

When the Director of National Intelligence receives a complaint, they have a week to forward the complaint and any relevant documents that support it to the intelligence committees in Congress. If an intelligence community whistleblower follows that procedure, their claim should be heard and acknowledged by those who have the power to address the wrongdoing without exposing the classified information associated with it. If the inspector general dismisses a complaint as not credible or, even worse, ignores it entirely, the whistleblower is not without options. They may take their complaint directly to Congress if they first comply with two additional requirements. First, the whistleblower must notify the inspector general of their intent to approach Congress directly with their complaint. Next, they must seek guidance from the Director of National Intelligence about how to approach Congress without revealing classified information. Once those two steps are complete, the whistleblower can contact Congress with their complaint while following the instructions provided to them by the Director of National Intelligence on how to do so in a way that protects classified information.

Whistleblowers often experience retaliation in a variety of ways, including but not limited to threats of prosecution or job loss. Fortunately, would-be whistleblowers within the intelligence community can protect themselves from those threats and keep classified information securely under wraps by following the provisions of the Intelligence Community Whistleblower Protection Act. To learn more about whistleblower laws and whistleblower protection claims, call the Mississippi Whistleblower Attorney at Barrett Law PLLC today at 1 (601) 790-1505 to set up an initial consultation.

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Mississippi Whistleblower Attorney Says Whistleblower Complaints Demand Accountability

When whistleblowers file complaints like the one that was recently filed regarding President Trump, individuals and organizations are called upon to account for their actions. Accountability for one’s actions or the actions of a company, group, or agency is critical to the healthy functioning of companies, organizations, and governments. In a previous article, we investigated how the President’s interactions with foreign leaders have the potential to undermine the integrity of the United States’ Presidential election process. In this article, we’ll explore another element of the whistleblower’s complaint; the allegation that Senior White House officials misused their authority in handling records of a phone call after it happened.

The complaint recently filed by an unidentified whistleblower regarding President Trump’s July 25th, 2019 telephone call with Ukrainian President Volodymyr Zelensky alleges that the President exerted pressure on Zelenskyy to take actions that would help strengthen Trump’s 2020 bid for reelection. The complaint also alleges that in the days following the telephone conversation, Senior officials in the White House acted outside the scope of their authority in ordering records of the phone call to be locked down.

Select White House officials do have the authority to divert sensitive and classified information from the standard procedures for information handling that White House officials ordinarily follow while carrying out their official duties. There is a system outside of customary information handling procedures that is only to be used to handle information that is highly sensitive and classified. The whistleblower’s complaint raises the question of whether the White House officials who removed the records of the July 25th phone call from the standard information handling system and placed them into the system intended only for highly sensitive information abused their power and discretion in doing so.

According to the whistleblower’s complaint, at least one White House official stated that the telephone call did not contain any highly sensitive national security matters and thus did not require special handling apart from the customary procedures. The system is reserved for codeword-level intelligence matters, and it is directly managed by the National Security Council’s (NSC’s) Directorate for Intelligence Programs. Codeword-level intelligence matters include things like covert operations. Codeword-level intelligence can only be viewed by individuals who possess the proper level of security clearance to see them and the specific codeword associated with the information. The whistleblower’s complaint claims that other officials share the concern over this Administration using the NSC-managed information handling system for inappropriate reasons. Their concern applies to the July 25th telephone conversation, as well as other matters placed into that system, that are politically sensitive but have nothing to do with national security.

Whistleblower complaints draw criticism and even abuse from those whose alleged wrongdoing is detailed in them. No one wants their poor choices or mistakes brought to everyone’s attention, but whistleblowers must continue to do this crucial work. Accountability is critical to the proper function of corporations, organizations, and governments, and whistleblowers play a significant role in holding people and organizations accountable for their actions. To learn more about the protections available to whistleblowers, call Mississippi Whistleblower Attorney Jonathan Barrett of Barrett Law PLLC today at 1 (601) 790-1505 for an initial consultation.

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