EXCLUSIVE: The Federal Bureau of Investigation has reinstated whistleblowers Steve Friend and Garret O’Boyle as part of a broader settlement resolving eight retaliation cases represented by Empower Oversight. These agreements mark the resolution of all 10 pending disputes between the FBI and clients of the legal advocacy group, bringing closure to longstanding conflicts.
The settlements, while varying in specifics, reflect the unique circumstances of each employee’s case. Details of the agreements differ based on individual situations, but collectively, they underscore a pivotal moment in addressing allegations of retaliation against FBI whistleblowers.
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According to Empower, each of the agreements differ slightly depending
on each employee’s particular situation, case, and circumstances. Of these
eight settlement agreements:
None required any resignations as a condition of the agreement.
Four involve or facilitate voluntary retirements.
All include lump sum payments for damages.
Four require full restoration of back pay and benefits to be calculated according to the Back Pay Act, which requires putting federal employees in the same financial position they would have been had they not been subjected to an “unjustified or unwarranted personnel action.” See 5 U.S.C. § 5596(b)(1)(A)(i), (B), (b)(2) and 5 C.F.R. § 550.805.
This requires that employees receive interest on all back pay, restored leave, and replaced Thrift Savings Plan contributions—including the agency match and lost investment earnings.
These agreements also require all back pay and benefits to be calculated and paid within 30 days of the employee returning to work and providing all necessary information.
Three require the FBI to return the employees to duty, including Garret O’Boyle, Steve Friend, and Zachery Schoffstall.