A right-leaning research group, the America First Policy Institute, has claimed that the Department of Veterans Affairs under the Biden administration backpaid over $130 million to 1,700 individuals fired under a Trump-era law that aimed to make it easier to hold federal employees accountable. The group will release the results of their investigation, which also revealed that the VA reinstated over 100 terminated employees who were fired for various indiscretions, with some dismissals lacking specific reasons. Following the passage of the 2017 law, the VA reportedly failed to negotiate with its public employee union, which led to arbitration and potential rehiring of all previously terminated employees, regardless of the reasons for their dismissal. The agency eventually settled with the union in 2023, with only a small fraction of the terminated employees being reinstated.
Former Trump VA Secretary Robert Wilkie criticized the Biden administration for allowing employees fired for mistreating veterans to be reinstated, stating that such individuals should not be near the VA, let alone working there. Wilkie expressed disappointment in the Biden administration for not taking stronger actions against poor performers and for surrendering to the government employee union instead of working with Congress to strengthen accountability measures. He is currently a fellow at AFPI’s Center for American Security. The investigation by AFPI found that of the over 4,000 terminated employees, more than 1,700 received back pay or compensation, with a potential total reimbursement of $300 million for the entire group.
In 2017, the VA failed to negotiate with the American Federation of Government Employees (AFGE) regarding the implementation of the accountability law, leading to court orders to reinstate fired employees. However, current VA leadership maintains that no employees previously fired for serious offenses such as patient abuse have been reinstated. They argue that the implementation of the law during the Trump administration was repeatedly challenged in court and could have resulted in huge costs for taxpayers. Despite criticisms, the VA spokesperson assured that employees who mistreat patients or commit other offenses will be held accountable and reinstated individuals will be required to meet high standards or face dismissal. The VA emphasized its commitment to delivering care and benefits to veterans, claiming that veterans trust the organization at record levels.
The accountability law signed by Trump, known as the Department of Veterans Affairs Accountability and Whistleblower Protection Act, aimed to streamline the process of terminating employees for misconduct or poor performance. Authored by Senator Marco Rubio of Florida, the law empowered the VA to act more swiftly in dealing with such issues, leading to backlash from the public employee union AFGE. Documents obtained through the Freedom of Information Act revealed that some of the reinstated employees were initially terminated for infractions such as sleeping on the job, unauthorized access to medical records, and failure to follow procedures. Despite concerns raised by Wilkie and the AFPI, the VA spokesperson maintained that the organization will continue to uphold accountability standards and ensure that individuals who mistreat patients or engage in misconduct are appropriately dealt with.
In response to the AFPI’s claims, the VA asserted that it has saved taxpayers millions of dollars by preventing bad actors from returning to work and emphasized its commitment to holding employees accountable for any transgressions. The current VA administration clarified that they have taken measures to prevent individuals previously fired for serious offenses from being reinstated and have ramped up efforts to provide care and benefits to veterans. The spokesperson reiterated that the VA has instilled a high level of trust among veterans and will continue to uphold standards of care and accountability. Despite criticisms from the right-leaning research group and former Secretary Wilkie, the VA stands by its actions and maintains that it is working in the best interests of veterans and taxpayers.
