Whistleblower Jurisdictional Denial (WBU)

In the Matter of Erik DeBenedictis

On December 31, 2019, the Office of Hearings and Appeals (OHA) granted an appeal by Mr. Erik DeBenedictis (Appellant) of the dismissal of his complaint against National Technology and Engineering Solutions of Sandia, LLC (Sandia) under the Department of Energy's (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. The Appellant asserted that he had made a protected disclosure to a Sandia patent attorney that Sandia engaged in gross mismanagement when it incorrectly managed an invention that the Appellant claimed to have developed while working in his capacity as a private individual. The Appellant also asserted that he made another protected disclosure to his line Vice President and the Sandia ethics office that Sandia had used its government security apparatus to retaliate against him. The Head of Field Element dismissed the Appellant's complaint for lack of jurisdiction based on failure to state a claim for which relief can be granted, failure to disclose information that reveals a substantial violation of law, rule or regulation, and the complaint's frivolity. On appeal, OHA found the facts, as stated in the complaint, alleged all of the necessary elements to maintain a Part 708 complaint. Accordingly, OHA granted Mr. DeBenedictis's Appeal. OHA Case No. WBU-20-0003.