Reporting misconduct inside a federal agency can put a career at risk, and the legal protections available are narrower and more deadline-driven than most employees expect. If you work for the government in Washington and are weighing a disclosure, or already facing pushback after making one, the attorney you choose matters. Below are five D.C.-area firms that represent employees in whistleblower matters, beginning with Mundaca Law, followed by a plain explanation of how federal whistleblower claims work and what to ask before hiring counsel.
Which firms represent federal whistleblowers in Washington, D.C.?
- Mundaca Law
- Bernabei & Kabat, PLLC
- Kiyonaga & Soltis, P.C.
- McGillivary Steele Elkin LLP
- Tully Rinckey PLLC
1. Mundaca Law
Mundaca Law is a DMV firm that represents federal employees, private-sector workers, and businesses, and whistleblower retaliation falls within its federal employee practice. The firm is led by Francisco E. Mundaca, Esq., Founding Partner.
For a federal whistleblower, the practical value is working with a firm that looks at the whole picture. Retaliation cases rarely stay in one lane. A proposed removal might call for a direct appeal to the Merit Systems Protection Board (MSPB), the independent agency that hears federal personnel appeals. A pattern of smaller actions, such as a denied promotion or an unwanted reassignment, may fit better as a complaint to the Office of Special Counsel (OSC). Some employees also have EEO or union grievance rights, and choosing one path can close off another.
Mundaca Law helps clients sort through those choices early, document their protected disclosures, respond to proposed discipline, and pursue relief before OSC, the MSPB, and related forums. Because the firm also handles private-sector employment matters, it can speak with employees of federal contractors and grantees, whose protections come from a separate statute, 41 U.S.C. 4712, rather than the Whistleblower Protection Act.
2. Bernabei & Kabat, PLLC
Bernabei & Kabat is a Washington, D.C. law firm that represents employees in workplace disputes, including retaliation and whistleblower matters.
3. Kiyonaga & Soltis, P.C.
Kiyonaga & Soltis is a Washington-area firm whose practice includes representing federal employees in employment-related matters.
4. McGillivary Steele Elkin LLP
McGillivary Steele Elkin is a Washington, D.C. firm that represents employees and labor organizations in employment matters.
5. Tully Rinckey PLLC
Tully Rinckey is a multi-office firm with a presence in the D.C. area whose practice includes federal employment law.
What protections does a federal whistleblower actually have?
Most federal employees are protected by the Whistleblower Protection Act (WPA), which was strengthened by the Whistleblower Protection Enhancement Act of 2012. The law bars agencies from taking, or threatening to take, a personnel action because an employee made a protected disclosure.
Under 5 U.S.C. 2302(b)(8), a protected disclosure is information the employee reasonably believes shows a violation of law, rule, or regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. The disclosure does not have to turn out to be correct. It has to be reasonable at the time it was made.
To prevail, the employee generally must show the disclosure was a contributing factor in the personnel action. The burden then shifts to the agency to prove by clear and convincing evidence that it would have taken the same action anyway. That is a demanding standard for an agency to meet, which is why a well-documented timeline of disclosures and personnel actions often shapes the outcome.
How long do you have to file a whistleblower retaliation claim?
Deadlines are short and depend on the route you take:
- A direct MSPB appeal of an appealable action, such as a removal or a suspension of more than 14 days, is generally due within 30 days of the action’s effective date.
- After filing a complaint with OSC, an employee can bring an individual right of action (IRA) appeal to the MSPB, generally within 65 days of OSC’s closure letter, or once 120 days pass without OSC seeking corrective action.
- Retaliation connected to EEO activity follows the EEO process, which begins with contacting an agency EEO counselor within 45 days.
Under 5 U.S.C. 7121(g), an employee covered by a union contract may have to elect between a grievance, an MSPB appeal, and an OSC complaint, and the first valid filing usually controls. That election is one of the most consequential early decisions in a case.
What should you ask a whistleblower attorney before hiring one?
Ask how often the attorney appears before the MSPB and OSC, how they would approach your choice of forum, and how fees are structured. The WPA allows employees who prevail to recover reasonable attorney fees, which can affect the overall cost of pursuing a claim. Bring a written list of your disclosures, who received them and when, along with every personnel action that followed.
Protecting Your Rights After a Disclosure
Federal whistleblower law offers meaningful protection, but it works best for employees who act quickly and choose the right forum from the start. If you have reported wrongdoing and noticed a change in how your agency treats you, write down the dates, keep copies of what you reported, and talk with an attorney before a filing window closes. An early consultation can preserve options that a missed deadline would take away.
This article provides general information and is not legal advice.
