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United States Ninth Circuit

Tamosaitis v. URS, Inc., 12-35924

In this retaliation suit brought by a URS Energy employee alleging violations of the Energy Reorganization Act whistleblower protection provision (42 U.S.C. section 5851(b)(4)), dismissal of the US Department of Energy (DOE) and URS Corp. from the suit is affirmed, and summary judgment in favor of URS Energy & Construction is reversed, where: 1) before an employee may opt out of the agency process and bring a retaliation suit against a respondent in federal court, the respondent must have had notice of, and an opportunity to participant in, the agency action for one year; 2) plaintiff-employee prematurely filed suit against DOE in federal court; 3) URS Corp. was not adequately named in the employee's original administrative complaint; 4) there was a triable issue as to whether the whistleblowing activity was a contributing factor in the adverse employment action URS Energy took against plaintiff; and 5) plaintiff had a constitutional right to a jury trial for his claims seeking money damages under section 5851(b)(4).

Appellate Information

  • Decided 11/07/2014
  • Published 11/07/2014


  • Berzon


  • United States Ninth Circuit


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