The U.S. Office of Special Counsel (OSC) plays a key role in keeping the federal workplace fair, lawful, and accountable. As an independent agency, the OSC is responsible for investigating whistleblower complaints, enforcing rules against political activity in the workplace, and protecting federal employees from unfair treatment.
For those working in federal service, understanding how the OSC works can make a real difference—especially if you’re considering filing a complaint or responding to one. Below, we explain what the OSC does, when it steps in, and how Solomon Law Firm, PLLC can help you protect your rights.
What Is the Office of Special Counsel?
The Office of Special Counsel is an independent federal agency that enforces rules designed to keep the civil service fair, impartial, and accountable. If you work for a federal agency, there’s a good chance OSC has jurisdiction over your complaint.
The agency has four primary areas of responsibility:
- Investigating whistleblower disclosures about wrongdoing
- Handling complaints of retaliation against whistleblowers
- Enforcing the Hatch Act, which limits certain political activities by federal employees
- Protecting the employment rights of service members and veterans under Uniformed Services Employment and Reemployment Rights Act (USERRA)
The OSC operates independently from the agencies it investigates, which allows it to serve as a watchdog for merit-based personnel practices.
When Can You File a Complaint With the OSC?
Not every workplace issue belongs at the OSC. However, the agency does review complaints in several specific areas. You can file with the OSC if you believe you’ve experienced:
- Retaliation for reporting misconduct
- Political coercion or pressure to engage in political activities (Hatch Act violations)
- Discrimination based on your military service
- A prohibited personnel practice, such as favoritism, reprisal, or discrimination, not covered by other agencies
Some complaints should go elsewhere. For instance, discrimination based on race, sex, disability, or age is generally handled by the Equal Employment Opportunity Commission (EEOC). Appeals of adverse employment actions often go through the Merit Systems Protection Board (MSPB).
If you’re unsure where to turn, we can help you determine whether OSC is the right starting point.
The Whistleblower Disclosure Process
The OSC handles two different types of whistleblower submissions: disclosures and retaliation complaints. It’s important to understand the difference.
A whistleblower disclosure is when you report wrongdoing, such as:
- Violations of law or regulation
- Gross mismanagement or waste of funds
- Abuse of authority
- Substantial and specific dangers to public health or safety
These disclosures can be made confidentially or anonymously. The OSC reviews them to decide whether there’s a significant likelihood of wrongdoing. If so, it refers the issue to the relevant agency for investigation and requires a report back. You’ll have a chance to comment on that report.
This process is about protecting the public interest, not just individual employees, so it’s handled differently than retaliation cases.
How the OSC Handles Retaliation Complaints
If you believe you were demoted, reassigned, fired, or otherwise punished for reporting wrongdoing, you can file a whistleblower retaliation complaint with the OSC.
Here’s what happens next:
- The OSC reviews your complaint to see if it falls within its authority
- If the case moves forward, OSC may conduct a full investigation
- If retaliation is found, the OSC can seek corrective action (such as reinstatement or back pay)
- The agency may also recommend disciplinary action against those who retaliated
These investigations can take time, and the details matter. That’s why it’s smart to get legal guidance before you file.
Tips Before Filing With the OSC
If you’re thinking about going to the OSC, it’s important to be prepared. Here are a few things we suggest:
- Keep copies of relevant emails, memos, and personnel files
- Write down what happened and when
- Don’t include classified or protected information in your complaint
- Know that your complaint must be timely—delays can limit your options
Before submitting anything, we recommend consulting with an attorney familiar with federal employment law. We can help you build a stronger case.
How We Help Federal Employees Work With the OSC
At Solomon Law Firm, we help federal employees make informed decisions when dealing with the OSC. Whether you’re thinking about filing or already have, we’re here to support you.
We can:
- Review your claims and explain your rights
- Help you draft and file a whistleblower complaint
- Represent you through OSC investigations or proceedings
- Work to protect your position and career from retaliation
You don’t have to go through this process on your own.
Contact Our Experienced Office of Special Counsel Attorneys
If you’re considering reporting misconduct or if you’ve already spoken up and are now facing retaliation, reach out to us. We’ve helped federal employees across many agencies protect their rights and careers. Contact Solomon Law Firm, PLLC to schedule a confidential consultation. We’re ready to help you move forward.