Legal Question in Administrative Law in California

Date: August 11, 2009

Ref: Whistleblower Law, Discrimination and Retaliation

Sir/Madam,

I have a relative (Federal employee) who may want to report Fraud and Discrimination. I would like to ask you few questions:

1. Can the person(s) or organization on other side (who committed Fraud and Discrimination) counter sue the whistleblower for defamation (trying to ruin the whistleblower financially from the beginning)?

2. What can I do to immediately stop/enforce retaliation from person(s) or management when/after filing Fraud and Discrimination charges?

3. What are the advantages (pros) of hiring a lawyer and what are the disadvantages (cons) of reporting directly to the Office of Special Counsel or related Inspector General offices or reporting to US Congressman?

4. What are your fees? And fee types: retention or contingency or one-time fixed?

Thank You.


Asked on 8/11/09, 1:31 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

1. Anybody can sue anybody for anything, including counter-suits. Winning is different from filing. Malicious / falsely based lawsuits or counter-suits can result in the victim winning compensation from the culprits through a counter-counter-suit.

2. Nothing. That's what retaliation charges and causes of action in your lawsuit are for.

3. Pro- Getting someone that knows what they are doing to represent you. Con- admitting you can't 'do it himself without no darned attorney'.

4. Every case is different. Contingency is sometimes appropriate and available. No one should be quoting fees here, without having fully reviewed the case facts and issues with you, the client.

If you're serious about getting counsel, feel free to contact me for that purpose.

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Answered on 8/11/09, 3:44 pm


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