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Federal whistleblowers are entitled to damages of missed future pay, court rules


Employees can receive compensatory payments if their firings caused harm that prevented future earnings.

Deborah Perlick brought her case after VA fired her in 2017, shortly after she alerted officials in the department that $78,000 was missing from a study on which she was working related to traumatic brain injury. The court noted Congress’ intent in updating whistleblower protection law was to ensure employees are provided “make-whole relief,” which it said included future lost earnings. That interpretation is supported by other laws, the court said, such as Title VII of the Civil Rights Act that allows for damages for future lost earnings in cases of discrimination.

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