FACTS - The plaintiff successfully appealed her removal as a research geneticist for the department of agriculture b/c her removal violated the Whistleblower Protection Act. - She requested $14, 021.32 for pecuniary losses and $150,000 for nonpecuniary damages. - Non-pecunary damages include: physical/emotional suffering, damages to her personal & professional reputation, and damages for family life. - An administrative judge for the board awarded only the pecuniary damages o B.c he said non-pecunairy damages do not constitute consequential damages PROCEDURAL POSTURE ISSUE Whether the plaintiff is entitled to recover non-pecuniary damages (here recovery for alleged pain and suffering, injury to reputation, and injury to family life)? RULE STATEMENT COURT REASONING - statutory interpretation of the Whistleblower Protection Act - to protect government employees from being punished for disclosing potentially embarrassing information about the government - under the Whistleblower Protection Act- in addition to corrective action an employee could recover only reasonable attorney fees and reasonable costs o corrective action includes: a position the individual would have been in and back pay, benefits, medical costs, travel expenses, and any other reasonable and foreseeable cosequential changes - the meaning of consequential damages o Plaintiff says consequential damages means foreseeable damages and non-pecuniary damages fall under that o Government says consequential damages means pecuniary damages which is reimbursement for out-of pocket costs CONCLUDE GOVERNMENT IS CORRECT- consequential damages is limited to pecuniary damages B/C
o The term consequential damages does not
have a common law meaning that includes non-pecuniary damages o Plaintiff wrong b.c consequential damages relates to foreseeability at the time the contract was executed in contract law, not as the plaintiff says foreseeability at the time of the breach - this case does not fit any category (such as innkeeper) where awards of mental suffering are awarded for breach of contract at common law - if congress intended to allow broad recovery it would have used the term compensatory damages HOLDING Non-pecuniary damages are not recoverable & that the government has not waived its sovereign immunity with respect to such claims. AFFIRM decision of Merit Systems Protection Board CONSEQUENTIAL DAMAGES DOES NOT INCLUDE NON-PECUNIARY DAMAGES NOTES Compensatory damages damages awarded to a person as compensation, indemnity, or restitution for harm sustained by him. Compensatory damages are divided into 2 categories: pecuniary & non-pecuniary Non-pecuniary compensatory damages include compensation for bodily harm and emotional distress, and are awarded without proof of pecuniary loss. (non-pecuniary ex. is pain and suffering. -
court concluded that emotional distress damages were not available
for breach of an employment contract b/c in the nature of such a contract the party did not agree to protect those losses EMOTIONAL DISTURBANCE RESULTS FROM BREACH OF CONTRACT