
Exclusive: Military contractor says she was fired for noting problem that ‘jeopardized the safety of U.S civilians and troops'
Deborah Hale alleges the problems violated at least eight different laws, rules, or regulations set out by the Army, Department of Defense, NATO and even NASA, which 'would have prevented appropriate safety tests from being properly developed and tested, severely jeopardizing the safety of American civilians, troops, and allies,' according to a state lawsuit that has now been removed to federal court.
Hale's suit says that since she was let go in 2023, the Reston, Virginia-based Science Applications International Corporation – known as SAIC, Inc. – has blackballed her throughout the industry.
SAIC has annual revenues of some $7.5 billion, and works extensively with the federal government across numerous agencies, in addition to the DOD.
Attorney Kelly Chanfrau, who is representing Hale, called her client 'an incredible employee with vast knowledge and experience.'
'Her allegations and complaints are serious and no employee should be retaliated against based upon complaints, especially when she was trying to protect our military and civilians,' Chanfrau told The Independent.
In an email, an SAIC spokesperson said, 'SAIC cannot comment on any litigation matters.'
Hale has worked as a software safety engineer since 1983, at defense giants such as BAE Systems, Lockheed Martin and Northrop Grumman. A Subject Matter Expert in system safety of military weapons, SAIC hired Hale in September 2022, as a software safety engineer, her complaint states.
On April 1, 2023, Hale was promoted to system safety manager, which came with a salary increase from $175,000 to $180,000, and 'required [her] to conduct a line-by-line review of the software code' underpinning the Multiple Launch Rocket System, or, MLRS, an automated surface-to-surface rocket artillery platform, according to the complaint.
Among other things, the MLRS software is used to calculate missile trajectories based on targeting information human operators type into the system, military analyst Dan Grazier, who served as an officer in the U.S. Marine Corps and is now at the nonprofit Stimson Center, told The Independent.
In addition to the U.S. military, precision-fire MLRS systems are a key part of various European arsenals, along with Egypt, South Korea, and Norway, and have seen action in Iraq, Ukraine and beyond.
Shortly after beginning the code review, Hale discovered 'several' serious problems with it that could put U.S. and allied troops in harm's way, the complaint contends.
'The issues and errors were in violation of the following laws, rules, and regulations, including, but not limited to: the Department of the Army and United States Army Aviation and Missile Command AMCOM Regulation 385-17 Software System Safety Policy, the Defense Acquisition System, the United States Army Safety Program, the Department of Defense Standard Practice for System Safety, Joint Services Safety Authorities, Missile Defense Agency Assurance Provisions, NASA-GB-1740.13, and North Atlantic Treaty Organization Allied Ordinance Publication 52,' the complaint goes on.
Although court filings do not list the specific aspects the code allegedly violated, AMCOM Regulation 385-17, for example, says '[s]oftware defects affecting safety-critical functions are causes of system level hazards, such as unplanned missile launch,' and that 'near-misses' have occurred 'as a result of software defects or inadequate specification of software system safety requirements.'
Hale promptly notified her bosses about her findings, according to the complaint. However, it maintains, 'Instead of taking action to correct the code and ensure the code was safe, [SAIC] ignored [Hale's] reports, and nothing was done.'
A week later, Hale raised the issue again, bringing her concerns to a different manager at SAIC, the complaint continues. This manager, it says, looped in two higher-level managers 'due to the seriousness of the issue.'
But a few days after that, Hale was suddenly informed by her supervisor that she was being removed from the MLRS project and would be reassigned to another team, the complaint states.
On April 13, 2023, before the transfer had a chance to occur, Hale spoke up at a staff meeting, appealing to higher-ups about the issues and errors she said were baked into the MLRS project's code, according to the complaint. A senior safety engineer corroborated Hale's findings, it says. In response, Hale's boss reiterated that the MLRS program 'would be moving forward without her,' the complaint alleges.
The next day, Hale was placed on unpaid leave, and told that she had until May 12 to find another job at SAIC or she would be terminated, according to the complaint.
'To no surprise to [Hale], she could not secure another position with [SAIC] due to her complaints of violations, rules, and regulations compromising safety,' the complaint states.
It says that by making it impossible for Hale to transfer internally, she was 'effectively terminated' on April 14.
Since then, SAIC 'has continued to retaliate against [Hale] by making it difficult for her to find subsequent employment,' according to the complaint.
'The whistleblower angle of this story is all-too-common unfortunately,' Grazier told The Independent. 'I've seen this a few times, when earnest people identify a problem and try to deal with it through the appropriate channels only to see their concerns ignored and receive a termination notice as a reward for trying to do the right thing.'
Had everyone on Hale's team had simply listened to her and dealt with things, the outcome, across the board, would have been far better, according to Grazier.
'But for some odd reason, it happens this way far too often,' he said.
It is unclear if the issues that Hale flagged have since been addressed. An Army spokesperson told The Independent that it 'does not comment on ongoing litigation.'
Contrary to SAIC's apparent distaste for Hale, she has received glowing recommendations on LinkedIn from former managers.
'Deborah is the single smartest woman with whom I have ever worked in systems safety,' one wrote. 'Her high level of professionalism ending with products exceeding expectations make her a valuable asset to any organization.'
Another said: 'I was Deborah's manager when she transferred into System Safety, an engineering discipline that usually takes years to become effective; she grasped the concepts and was producing within months… Deb is definitely a team player[,] always ready to assist others and ensures the final product achieves the customer's expectations.'
Hale's lawsuit says her firing from SAIC led to emotional distress and humiliation.
She is seeking back pay and benefits, front pay, compensatory damages, emotional distress damages, punitive damages, attorneys' fees and court costs and reinstatement to her former position.
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