Colbert v. Department of Veterans Affairs: A Finding of Whistleblowing Activity

By Berna Shamansurova

A Department of Veterans Affairs employee made a nonfrivolous allegation of a protected disclosure when he disclosed facts about an allegedly improper medication distribution procedure. He also alleged that veterans were given unauthorized access to restricted hospital areas. The Merit Systems Protection Board held that disclosure was a “contributing factor of the agency’s decision to take personnel action against employee.” The Board vacated a previous finding of frivolous allegation and remanded for further adjudications regarding the involuntary resignation claim.

Colbert v. Dep’t of Veterans Affairs, 2014 M.S.P.B. 80 (2014).