Military Sexual Assault Victim and Wrongful Termination under WhistleBlowers Act of 1990

Asked over 1 year ago - Albuquerque, NM

I filed a complaint for sexual assault two days after charges were filed against me by the USAF.I was terminated from my employment as a contractor; a delegated discretionary function of a convening authority under Article 60 in military law. The termination took place during my 90 day probationary period. Post termination; the sexual assault case was dismissed 5 months later. 3 weeks before the criminal charges were filed against me the hospital discovered evidence of an assault & I was diagnosed with a medical disability. The USAF case against me was put on a CWOP & today the case was dismissed with prejudice. Although some evidence from the assault investigation was presented in court, my wrongful termination wasn't. Should I still pursue an FTCA claim or is it now a res judicata issue?

Additional information

Under the 28 U.S.C. FTCA statutes I presented the evidence of the hospital's examination and diagnosis as supporting documentation along with the FTCA notice of claim that was sent to the US Department of Justice. I hope the USAF did not use the evidence that was sent with the notice as a tool to have the CWOP case dismissed with prejudice as an avoidance strategy to hinder me bringing up the issue again in a trial against the organization. Is there reasonable suspicion to believe that is the case? Again, am I now facing a res judicata issue. Also I have been persistently harassed for over a year by third-party associates of my assilant. I have sent notice of this to the USAF as well and will pursuing claims for "failure to restrain" under the FTCA Act. Please, any legal advice would be absolutely helpful.

Attorney answers (4)

  1. Stephen D Aarons

    Contributor Level 16

    2

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    Best Answer
    chosen by asker

    Answered . Same answer.

  2. Kelvin P. Green

    Contributor Level 18

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    Answered . I am confused, were you overseas? Contractors normally are not charged under UCMJ unless overseas. I have a hard time figuring out how you are protected as a Whistleblower when you were "charged" before you made the complaint.

    Where I deal with contractors in the military, if there is something that a contractor has done wrong it is not difficult to remove a contractor..not sure what you mean when you say were terminated in your probationary period.

    Contractors don't pass probation with the federal government like a federal employee does... You may have been on probation with the contractor employer... But assuming you were probationary you have limited rights and can be terminated without cause. Without more research, the whistleblower protection Act applies to employees... There are some protections for contractors but from what I have seen they apply to disclosing information about or deal with contracts..

    FTCA cannot be used by federal employees for wrongful termination and some case law suggests it can't be used for that at all..

    Sit down with an attorney with the facts but don't be too surprised if ths fe not go very far.

    This is for general information only. Nothing in this information should be construed as creating an attorney-... more
  3. Wojciech Zbigniew Kornacki

    Contributor Level 12

    2

    Lawyers agree

    Answered . Your question requires research into FTCA. You should consult with an attorney to get all the facts down so thorough research can be conducted. If you would like to consult with me on possible causes of actions, feel free to contact me.

    This information is intended for public use only, it does not form an attorney-client relationship and it does not... more
  4. Kevin Rindler Madison

    Pro

    Contributor Level 18

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    Lawyer agrees

    Answered . Mr. Green is very knowledgeable in this area of military law. My advice, like his, sit down with a sexual harassment attorney and get some advice after a thorough discussion of all issues.

    If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think... more

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