Over 100 former employees from The Department of Veteran Affairs were reinstated after being fired under a controversial law that once simplified the process for removing personnel accused of misconduct.
Department officials say only 3% of the 4,000 employees dismissed under the 2017 VA Accountability and Whistleblower Protection Act — roughly 120 individuals — have been rehired, and none of those reinstated were dismissed for serious misconduct, Federal News Network reports.
In addition to the rehirings, the department also paid out $134 million to 1,700 former VA employees who were dismissed under the Trump administration’s 2017 VA Accountability and Whistleblower Protection Act. The reinstatements and payouts were part of a settlement it reached with the American Federation of Government Employees in July 2023.
A VA spokesperson said in a statement that the department “has ensured that bad actors cannot return to work and saved taxpayers hundreds of millions of dollars.”
“VA continues to hold every employee accountable to delivering the world-class care and benefits that veterans deserve — and when they fail to do so, we take swift and decisive action,” a VA spokesperson said.
VA officials stated that under the Trump administration, they were unable to negotiate with the AFGE on implementing the 2017 law, which breached the union contract’s provisions. The department was in court from 2017 to 2023 trying to defend its position, but federal courts ordered the VA to reinstate employees dismissed under the 2017 legislation.
“The previous administration’s implementation of the 2017 law was repeatedly struck down by the courts, putting VA at risk of having to rehire individuals who committed patient abuse, harassment, and criminal activity — and putting taxpayers on the hook for more than $1 billion,” a VA spokesperson said.
Federal judges and the Merit Systems Protection Board restricted many provisions of the VA Accountability and Whistleblower Protection Act from applying to most of the VA workforce. In response, beginning in April 2024, the department ceased using the Act’s authorities to expedite employee terminations related to misconduct allegations.
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