Federal Employee Retaliation Attorneys
Nationwide Representation Informed by Experience Inside the System
When a federal agency retaliates against an employee for making a protected disclosure, the case turns on how decision-makers evaluate competing evidence, legal standards, and agency justifications. John Mahoney argued those cases from the decision-maker’s seat. Before leading The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, he served as the statutory Vice Chairman and an administrative judge on the U.S. Government Accountability Office’s Personnel Appeals Board, where he adjudicated federal employee whistleblower retaliation, discrimination, labor, and disciplinary action matters. That firsthand understanding of how these claims are built, challenged, and decided shapes our approach for every client we represent.
The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC represents federal employees throughout the United States and internationally in whistleblower retaliation and prohibited personnel practice cases. The firm holds the AV Preeminent Top-Rated designation from Martindale-Hubbell, the highest peer-review rating available.
If you believe your agency has retaliated against you for protected activity, contact us at (202) 350-3881 or through our online contact form to discuss your situation.
Our Practice Areas
- Administrative Law Judge Hearings
- Agency or Congressional Conduct Investigations
- Conduct Investigation
- Disciplinary Actions
- EEO Complaints
- Employment Law
- Federal Disability Retirement Benefits
- Federal Employment Law
- Inspector General Complaints
- MSPB Appeals
- OFO Appeals
- OSC Complaints
- Performance Cases
- Performance Improvement Plans
- Security Clearance Law Appeals
- Sexual Harassment
- Title 38
- Whistleblower Cases
- Workplace Harassment
What Counts as Federal Employer Retaliation
Federal law, specifically 5 U.S.C. § 2302(b)(8) and (b)(9), prohibits agency officials from taking, failing to take, or threatening any personnel action because of an employee’s protected activity. A protected disclosure is a communication of information the employee reasonably believes evidences a violation of law, gross mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health or safety. The Whistleblower Protection Act and the Whistleblower Protection Enhancement Act extend these protections broadly across the federal workforce.
Protected activity extends beyond making a disclosure. It also includes filing a grievance or appeal alleging reprisal, testifying or assisting a colleague with such a proceeding, cooperating with or providing information to an Inspector General or the Office of Special Counsel, and refusing an order that would require breaking the law.
Retaliation can take several formal personnel action forms:
- Suspension, demotion, or removal
- Transfer or geographic reassignment
- Withholding a promotion or within-grade increase
- Changes to job duties designed to marginalize the employee
These are among the 14 prohibited personnel practices defined under federal law. Not every adverse event qualifies, but the range of covered actions is broader than many employees realize.
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"It means the world to know my experience is being fought for so powerfully."
Dear Attorney Lolotai,
I wanted to take a moment to sincerely thank you for the powerful motion you submitted to amend and reinstate the dismissed claims in my case. Your work was not only thorough and well-argued it is deeply validating.
Reading the motion, I felt like you truly captured the full scope of what I endured. The way you incorporated the patterns of hostility, the layered racial and gender-based discrimination, and the continued retaliation was incredibly strategic and affirming. Your attention to detail, legal framing, and use of precedent made it clear that you believe in the strength of my case and are committed to advocating for the truth to be seen.
Thank you for standing with me and for giving voice to the reality I’ve been carrying for so long. It means the world to know my experience is being fought for so powerfully.
- Rikyah Noel Brown -
"Human Element/Experienced"
John is clearly a very knowledgeable and highly experienced attorney, but what has meant the most to me during this process is the human approach he has taken. Any process like this can be stressful and difficult but John has tried to make it as painless as possible. Can’t put a price tag on that human element.
- R.
A Legal Team That Has Worked Inside Federal Agencies
Understanding retaliation law in the abstract is different from knowing how federal agencies operate, how managers document personnel decisions, and how adjudicators weigh those records. The vast majority of our attorneys have worked as federal government employees themselves, in roles including agency Vice Chairmen, executives, managers, administrative judges, attorneys, and military veterans. That background translates directly into more informed case strategy.
We’ve represented thousands of federal employees in whistleblower retaliation, prohibited personnel practice, Equal Employment Opportunity Commission discrimination, disciplinary action, and security clearance matters over more than 30 years. Attorney Mahoney’s record includes precedent-setting victories before the U.S. Court of Appeals for the Federal Circuit and multi-million-dollar settlements for federal employees. He has also been named a Top Rated Labor and Employment Lawyer by The Wall Street Journal.
For decades, we have helped thousands of federal employees like you handle the most complex legal matters, so they can assert their rights, and protect and enhance their federal careers. We are grateful for your public service, and we are dedicated to resolving the employment difficulties you face with the federal government. We offer the effective legal experience you need.
Proving Retaliation, Available Remedies, & Filing Deadlines
To establish a retaliation claim, an employee must generally show that they engaged in protected activity, were subsequently treated adversely, that agency officials knew or had constructive knowledge of the protected activity, and that the protected activity was a contributing factor in the personnel decision. Meeting that standard requires building a factual record that can withstand the agency’s response.
Remedies and Consequences When Retaliation Is Proven
When retaliation is proven, available remedies and consequences include:
- Job restoration and reversal of the adverse action
- Back pay and other corrective relief
- Discipline for the responsible official, ranging from reprimand to removal
- A civil fine against the official who committed the practice, up to $1,000
- Debarment from federal employment for up to five years
Filing Deadlines
Deadlines are strict. In most cases, an MSPB appeal must be filed within 30 calendar days of the effective date of the action or within 30 calendar days after receipt of the agency’s decision, whichever is later. Missing that window can end a viable claim before it starts.
Contact Our Federal Retaliation Attorneys
If you’ve been subjected to an adverse personnel action following a protected disclosure or complaint, the time to act is limited. Call The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC at (202) 350-3881 or reach out through our contact form to speak with our legal team about your case.