Wrongful Termination under the 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 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?

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 (2)

  1. Stephen D Aarons

    Contributor Level 16


    Lawyer agrees

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

  2. Kevin Rindler Madison


    Contributor Level 18


    Lawyer agrees

    Answered . 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... more

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