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Friday, January 22, 2016

WHISTLEBLOWER CLAIMS $5 MILLION AGAINST NUCLEAR WEAPONS LAB


 WHISTLEBLOWER CLAIMS $5 MILLION AGAINST NUCLEAR WEAPONS LAB

Anthony T. Rivera, an award-winning senior engineer who blew the whistle on safety violations at Lawrence Livermore National Laboratory, sued the lab today in U.S. District Court in San Francisco. His suit seeks $5 million in damages – and a court order reforming U.S. Department of Energy practices.

Rivera, a 29-year employee with Lawrence Livermore National Laboratory, charges Lawrence Livermore National Security LLC is liable for wrongful termination in violation of public policy because managers fired him after he disclosed safety violations in the lab’s high explosives test facility and alleged mismanagement.

His suit also seeks damages against two U.S. Department of Energy officials – Kimberly Davis Lebak, the DOE/NNSA site manager at Livermore in 2013, and Shiwali Patel, a DOE Office of Hearings and Appeals investigator who refused to investigate Rivera’s claims.

The suit says Lebak and Patel punished Rivera for exercising his First Amendment freedom of speech when he complained of unsafe practices and management misdeeds.

​Citing the Administrative Procedures Act of 1789, Rivera also asks the court to order DOE’s National Nuclear Security Administration and its Office of Hearings and Appeals to reform their operations so as to protect whistleblowers in practice.
​Lawrence Livermore National Security LLC manages the principal U.S. nuclear arms lab.

​Rivera is represented by Atty. Tony Bothwell of San Francisco.
Anonymous said...
The next steps are an out of court settlement for a few hundred $k and we will never hear a thing more about this. Happens all the time at Los Alamos.
Really? Since when is Lawrence Livermore National Security LLC the principal U.S. nuclear arms lab? Come on man! LANS needs to file a counter lawsuit against this Bothwell and Rivera for damages of misrepresentation and fraud

7 comments:

Anonymous said...

No surprise, then, that Lebak has been promoted and sent to Los Alamos...

Anonymous said...

Smart guy. Why let only the LLC executives get all the cash?

More employees should follow this guy's example. He'll be set for life.

Anonymous said...

You don't think for a minute that LLNS Executives (with their suite of lawyers) will allow money to be taken from their pockets? They will fight to the end for thi;, the only they LLNS/LLNS fights for is more money, more money, and more money!

Anonymous said...

What's the real story here ? Does Rivera have the leverage (that is, proof of management wrongdoing or purposefully dangerous working conditions/operations) that can win him the case ?

Anonymous said...

"What's the real story here ? Does Rivera have the leverage (that is, proof of management wrongdoing or purposefully dangerous working conditions/operations) that can win him the case ?"

The answer to your question may depend upon those evaluating the allegations, DOE/NNSA, or the U.S. District Court.

Anonymous said...

"Former Livermore Employee Files Wrongful Termination Lawsuit"

Alissa Tabirian
NS&D Monitor
1/22/2016

"Former Lawrence Livermore National Laboratory (LLNL) employee Anthony Rivera on Tuesday filed a lawsuit in U.S. District Court seeking $5 million in damages for alleged wrongful termination. Rivera is suing LLNL ..."


 http://www.exchangemonitor.com/publications/nuclear-security-deterrence/issues/vol-20-no-3/former-livermore-employee-files-wrongful-termination-lawsuit/?display=login&returnURL=http%3A%2F%2Fwww%2Eexchangemonitor%2Ecom%2Fpublications%2Fnuclear%2Dsecurity%2Ddeterrence%2Fissues%2Fvol%2D20%2Dno%2D3%2Fformer%2Dlivermore%2Demployee%2Dfiles%2Dwrongful%2Dtermination%2Dlawsuit%2F

Anonymous said...

This guy is not an engineer. Why bother.

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