Whistleblower Claims Defense

Paul has extensive experience representing clients facing allegations and claims of retaliation brought by current and former employees and contractors of nuclear facilities, airlines and other companies subject to laws protecting employees who raise nuclear, environmental, occupational safety, security and other significant concerns.

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Paul represents his clients during all phases of the governmental processes designed to address retaliation claims filed pursuant to the whistleblower protection statutes administered by the U.S. Department of Labor (DOL) as well as the nuclear whistleblower program administered by the U.S. Department of Energy (DOE) (10 CFR Part 708), from the onset of an investigation through the contested hearing before an administrative law judge and, if needed, through appeal to the agency's appeal board. 

Paul understands the interconnections (real or perceived) among a safety-significant organization, the regulator, the media and the public, and that an employee’s allegation of retaliation for raising concerns often requires more than the isolated consideration of legal issues. Paul considers the issues from many perspectives when providing his counsel, recognizing that an isolated legal answer many not fully serve the interests of his clients.

In some cases, client interests are best served through an early and final resolution of the claim. Paul has settled complaints through direct negotiation, by engaging private mediators and by utilizing the DOL alternative dispute resolution (ADR) and settlement judge programs.

Paul is often retained to resolve retaliation allegations filed with the Nuclear Regulatory Commission (NRC) using the NRC’s ADR program, which offers a nuclear employer an opportunity to avoid an NRC investigation.  The NRC ADR program can be particularly beneficial because the scope of the resulting settlement agreement can also encompass a parallel DOL proceeding. Paul has a particular understanding of the NRC’s ADR program, having completed the Employment Law and Workplace Mediation Training program at Cornell University’s Scheinman Institute on Conflict Resolution, which manages and supplies mediators to the NRC’s ADR program.

Paul provides clients facing claims of whistleblower retaliation a high-value, cost-effective alternative to national and regional law firms. While most firms assign a partner and one or two junior-level or mid-level associates to such matters, Paul works independently during the investigatory stage and teams with a highly regarded solo litigator with whom he has a long-standing relationship during the contested hearing and appeal phase. Paul’s clients are, therefore, served by The Zaffuts Group team of two highly experienced, partner-level attorneys working effectively, efficiently and responsively, yet billing at large firms’ associate-level rates.