Research Organization Prevails in Whistleblower Matter Under National Defense Authorization Act

An organization that conducts government-funded scientific research prevailed in an investigation by the Office of the Inspector General (OIG) of a federal agency. Faegre Drinker represented the research organization in the investigation. At issue in the investigation was whether the organization terminated an employee in its grants department for raising internal concerns regarding post-award grant administration. The investigation involved an extensive subpoena and interviews of multiple current and former employees. After the OIG issued a lengthy report, the organization persuaded the agency’s administrator not to impose a remedy under the National Defense Authorization Act, which required proving to the administrator by clear and convincing evidence that the organization would have taken the same adverse employment action against the whistleblowing employee even if the employee had not raised concerns internally.