The U.S. Supreme Court has agreed to decide whether Robert J. MacLean, a federal air marshal, was unfairly fired for leaking sensitive information that he believed endangered the public. The case, Department of Homeland Security v. MacLean, will be heard sometime during the court’s term that begins next October.
In 2003, MacLean was working for the Transportation Security Administration (TSA) as an air marshal. He was briefed about a potential terrorist attack and, shortly thereafter, received notice from TSA that the agency was reducing the number of undercover air marshals on overnight trips due to budget deficits. MacLean voiced his concerns to his boss, who told him to keep quiet. Instead, MacLean leaked the information to MSNBC. Within the next day, the Department of Homeland Security had canceled the manpower reduction order.
MacLean, whose identity had been concealed after the leak, was fired by TSA in 2006 when his identity was discovered. MacLean appeared on an NBC Nightly News program, regarding a different incident, but his disguise was inadequate.
A lower court ruled that MacLean was entitled to argue that he was protected by whistleblower laws. However, the government is asking the Supreme Court to reverse that decision, arguing it “effectively permits individual federal employees to override the TSA’s judgments about the dangers of public disclosure.”
MacLean’s response portrays him as a hero who prevented a potential tragedy and helped change government policy. MacLean had previously argued that TSA’s plan to eliminate the use of air marshals on overnight trips was not considered sensitive information by the agency because it had been sent unencrypted to his cellphone.
If you have any questions about the case discussed above or would like to discuss other employment law matters, please contact me or the Scarinci Hollenbeck attorney with whom you work.
Why Every Business Should Conduct an Annual Insurance Coverage Review
Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)
Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]
Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]
Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool
For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
