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VBX-0082 - In the Matter of Janet Benson

Janet Benson (Benson or Complainant) filed a Complaint of Retaliation alleging that her former employer, Lawrence Livermore National Laboratory (LLNL or the Laboratory), retaliated against her for engaging in activity that is protected by 10 C.F.R. Part 708, the Department of Energy’s Contractor Employee Protection Program. On August 21, 2002, the Office of Hearings and Appeals (OHA) of the Department of Energy issued a Decision and Order granting relief to Benson in connection with that complaint. Janet K. Benson, 28 DOE ¶ 87,027 (2002) (Benson). In Benson we found that LLNL had not shown by clear and convincing evidence that it would have given Benson a “less than satisfactory” performance evaluation in the absence of her protected disclosures. Since the Complainant was successful on this issue, we found she was eligible for relief, which included removal of the performance evaluation from her personnel file, and attorney fees and costs. 1/ The instant decision will determine the amount of attorney fees and costs that should be awarded in this case.