Q: As a federal employee, are Kalkines and Garritty violations grounds for Federal Tort Claims Act based legal action ?

A: Dear federal employee:

I'm sorry to hear you went through this situation. Unfortunately, I don't think an attorney will be able to give you a definitive answer based upon the information you've provided. You ask if "Kalkines" and "Garrity" violations are grounds for a legal claim (you state FTCA claim - but I assume you mean any sort of legal claim). Garrity warnings generally advise the subjects of an investigation of their potential criminal and administrative liability if they choose to make a statement, but further advise that they are not required to provide a statement. Kalkines warnings are basically the opposite, insofar as they advise a federal employee that they may face administration action (up to and including termination) if they fail to provide a statement, but that they have criminal immunity for any such statement.

In the facts that you provide, you indicate that you were advised not to participate in an interview, and therafter were cleared of any wrongdoing. Accordingly, it's not clear how any of your rights under Kalkines or Garrity were violated (more facts might flesh this out more). It's possible you may have a claim (not necessarily under the FTCA), but on the facts presented it isn't clear how Kalkines or Garrity rights were violated. Under certain circumstances, the initiation of a baseless investigation against a federal employee can give rise to certain claims, but that really depends upon the facts of the case, the motivations of the individual who initiated the investigation, and other factors that aren't present in the limited facts you provide. Assuming for the sake of argument that you do have a claim, the next question would be: is it worth your time and resources to pursue it? A non-exhastive list of considerations would be: 1) were you detailed out of your position during the investigation; 2) did you suffer emotional distress and/or seek medical / mental health assistance during the pendency of the investigation due to such distress; 3) did you suffer any loss in pay or benefits as a result of the investigation; 4) did you suffer any harm to your reputation due to the investigation; 5) do you hold a security clearance and could the investigation impact any clearance you hold? 6) does the fact of the investigation have the potential to harm your upward mobility in the federal civil service system and if any records of the investigation are present in your personnel records, would a claim have the potential to purge any documents relating to the investigation from your personnel records?

Finally as a disclaimer, nothing in this response should be considered legal advice specific to your situation, nor should it be relied upon by you in any way. If you are contemplating legal action or seeking legal guidance, you should have an in-depth consultation with an attorney who can get the facts necessary to evaluate your claim. As deadlines in legal matters are often important, and can be critically short for federal employees, if you do decide to consult with an attorney you should do so without delay.