A right-leaning research group, the America First Policy Institute AFPI, is set to unveil findings suggesting that the Biden administration’s Department of Veterans Affairs VA has awarded over $130 million in back pay to approximately 1,700 employees previously terminated under a Trump-era accountability law.
Through Freedom of Information Act FOIA requests, AFPI’s investigation reveals that the VA reinstated more than 100 employees who were dismissed for various misconducts, including negligence and sleeping on the job. Notably, many other terminations reviewed in the documents lacked specific offenses associated with them.
The scrutiny arises from the 2017 Department of Veterans Affairs Accountability and Whistleblower Protection Act, which aimed to streamline the process for firing federal employees for misconduct. However, AFPI claims that following the law’s passage, the VA did not engage in necessary negotiations with its public employee union and was subsequently mandated to attend arbitration. This situation led to speculation that the VA might be required to rehire employees dismissed for severe infractions, including patient abuse or harassment.
In 2023, the VA reached a settlement with the union, resulting in only 106 of the 1,700 employees receiving reinstatement, despite the significant financial compensation that could total $300 million for the entire group, as indicated in AFPI’s statements.
Former Trump VA Secretary Robert Wilkie expressed strong criticism of the Biden administration’s actions, stating, Those fired for mistreating American veterans should not even be allowed near the VA.
He emphasized that the current administration’s response to grievances and its dealings with the government employee union were detrimental to both taxpayers and veterans.
The investigation revealed that among the over 4,000 employees terminated, more than 1,700 were granted back pay or compensation. Wilkie and other GOP officials argue that these reinstatements undermine accountability at the VA and could have significant repercussions for veterans relying on the agency for care.
In response, a VA spokesperson contended that no employees fired for serious offenses, such as patient abuse, were reinstated. They asserted that the previous administration’s approach to the 2017 law faced legal challenges, leading to a risk of rehiring those who committed serious infractions.
The spokesperson emphasized that the VA remains committed to holding employees accountable for their actions and maintaining high standards for care.
The Department of Veterans Affairs Accountability and Whistleblower Protection Act, authored by Sen. Marco Rubio R-Fla., was designed to enhance the agency’s authority in terminating underperforming employees.
However, it has led to ongoing grievances from the American Federation of Government Employees AFGE, highlighting the contentious relationship between federal labor policies and accountability measures in the VA.