Skip to main content

Wrongful Termination under the WhistleBlowers Act of 1990

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 the convening authority under Article 60. 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?

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 2


Unlikely to find a civil rights lawyer to handle case but you can try.

Mark as helpful

1 lawyer agrees


This has been posted twice.
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 this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at and Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at

Mark as helpful

1 lawyer agrees

Military law topics

Recommended articles about Military law

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics