Practice Areas Federal Employees

Federal Employment Lawyer

Legal Representation for Federal Employees in Maryland and DC

Our firm represents federal workers in Maryland and DC in all employment-related matters. Whether you have experienced harassment or discrimination in the workplace, you are facing suspension or termination, we can help you achieve the outcome you deserve. While federal employees have clear legal rights and are entitled to significant due process, protecting yourself can still prove challenging, so it is important to have an experienced federal employment lawyer on your side.

Claims Handled by a Federal Employment Lawyer at Our Firm

How can we help you? Regardless of the circumstances, you are facing, if you work for any agency, department or branch of the federal government, we can use our experience to help make sure you receive all of the benefits and protections to which you are legally entitled. Some examples of matters we handle for federal employees include:

• Defending against whistleblower retaliation
• Determining and enforcing eligibility for job-protected and paid leave
• Fighting adverse employment action at the Merit Systems Protection Board (MSPB) and the Office of Special Counsel (OSC)
• Harassment and discrimination claims before the U.S. Equal Opportunity Commission (EEOC)
• Obtaining reasonable accommodations for federal employees with disabilities
• Responding to civil and criminal investigations involving the Office of Inspector General (OIG) and other federal law enforcement offices and agencies
• Responding to investigations and notices involving alleged misconduct and performance deficiencies
• Protecting federal workers’ jobs during reductions in force (RIFs)
• Protecting federal workers’ privacy rights and freedoms

If you have any questions about your legal rights as a federal employee, or if you have any concerns about something that has happened (or that you believe is going to happen) at work, we encourage you to get in touch. At the very least, we can help you understand your situation so that you can make informed decisions going forward.

Laws that Protect Federal Workers

There are numerous laws that protect federal government employees in various aspects of their employment. This includes everything from federal employees’ right to equal pay and benefits to federal employees’ right to due process when facing adverse employment action. As a federal employee, you don’t need to know these laws in detail (this simply isn’t feasible), but it is good to know they exist. Simply put, knowing when you have rights allows you to take action to protect them.

We help federal employees at all levels and in all agencies, departments and offices understand and enforce their statutory rights. This includes, but is not limited to, federal employees’ rights under:

• Age Discrimination in Employment Act of 1967 (ADEA) – Prohibits age-based discrimination against federal employees who are 40 or older.
• Americans with Disabilities Act (ADA) – Prohibits discrimination against federal employees based on physical or mental disability.
• Civil Service Reform Act of 1978 (CSRA) – Prohibits federal agencies from basing personnel actions on attributes or conduct that do not affect performance (i.e., marital status or political affiliation).
• Equal Pay Act of 1963 (EPA) – Prohibits sex-based wage discrimination among federal employees who perform substantially equal work.
• Federal Employees’ Compensation Act (FECA) – Entitles federal employees to workers’ compensation benefits when they suffer job-related injuries and illnesses.
• Fair Labor Standards Act (FLSA) – Requires federal employers to pay minimum wage and overtime.
• Family & Medical Leave Act (FMLA) – Requires federal employers to provide job-protected leave to qualifying workers.
• National Labor Relations Act (NLRA) – prohibits discrimination against federal employees based on participation in union activity.
• Rehabilitation Act of 1973 – Prohibits discrimination against federal employees with qualifying disabilities.
• Title VII of the Civil Rights Act of 1964 and 42 U.S.C. Section 1981 – Prohibits discrimination on the basis of race, color, ethnicity, religion, sex or national origin.
• Uniformed Services Employment & Reemployment Rights Act (USERRA) – Prohibits discrimination against federal employees based on military service obligations.
• Veterans Employment Opportunity Act of 1998 (VEOA) – Entitles eligible veterans to be considered for certain competitive service positions.
• Whistleblower Protection Act of 1989 (WPA) – Protects federal employees against retaliation based on their protected disclosure of information about mismanagement, fraud, waste, abuse, or a danger to public health or safety.

Remedies for Improper Disciplinary Action or Other Adverse Employment Action

If the federal government violates your legal rights, what remedies are available to you? The answer to this question depends on the effect (or effects) of the violation. In federal employment matters, remedies are intended to be compensatory in nature, meaning that they are intended to “make you whole” in light of the losses (both financial and non-financial) you have endured.

With this in mind, the remedies available to federal employees for unlawful discrimination, demotion, suspension, removal and other prohibited acts may include:

• Promotion, change in grade and/or pay raise
• Reinstatement of federal employment
• Reinstatement of security clearance
• Reimbursement for back pay and benefits
• Damages for emotional distress
• Purging of adverse employment records

Federal Employment Lawyer Answers FAQs about Government Employees’ Rights

Regardless of your position in the federal government, understanding your legal rights (and what you can do to protect them) can be difficult. These FAQ answers provide an introduction to what federal employees need to know about some of the most common scenarios. But, they are not a substitute for personalized legal advice. For advice about your individual circumstances, schedule an appointment with federal employment attorney Jay Stafford.

FAQs: Facing Disciplinary Action as a Federal Employee

Does It Matter if I am Facing Discipline Based on Misconduct or Poor Performance?

Yes and no. While misconduct and poor performance can generally lead to the same consequences, the procedures involved in misconduct-based and performance-based disciplinary matters are different. Different defenses are available in misconduct and poor performance cases as well. But, in all cases, federal employees have the right to a written notice before facing discipline, and they have the right to appeal the outcome of their disciplinary proceedings to the Merit Systems Protection Board (MSPB).

Why Is It Important if a Federal Suspension Lasts More or Less Than 14 Days?

Federal regulations establish different procedures for imposing and challenging employee suspensions lasting more or less than 14 days. For example, federal employees are entitled to additional notice (at least 30 days) before receiving a suspension that lasts more than 14 days. Additionally, suspensions lasting more than 14 days are subject to appeal with the MSPB, while suspensions lasting 14 days or less are not subject to MSPB appeals in most cases (instead, federal employees have other options available).

Are Reductions in Force Disciplinary in Nature (and Can Federal Employees Challenge Their Termination)?

Technically, reductions in force (RIFs) are not disciplinary in nature. However, as a practical matter, employees who have a history of misconduct or poor performance are the most likely to face termination when their agency conducts a RIF. Before the federal government terminates your employment, you are entitled to due process, and you should hire a federal employment lawyer to make sure you are not terminated unfairly.

FAQs: Federal Employee Whistleblower Protections

When Can a Federal Employee Qualify as a Whistleblower?

As the MSPB explains, “To qualify as a protected whistleblower, a Federal employee or applicant for employment must disclose: a violation of any law, rule, or regulation; gross mismanagement; a gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety.” However, as the MSPB also notes, disclosure itself “is not enough to obtain protection under the law.”

Federal employees seeking whistleblower protection must report what they know through the appropriate channels, and they must be very careful to avoid inadvertently waiving their right to whistleblower protections. If you believe you have information that may entitle you to protection as a whistleblower, you should promptly consult with a federal employment attorney.

What Constitutes Unlawful Retaliation Against a Whistleblower Who is a Federal Employee?

Whistleblower retaliation can take many different forms, some of which are much more overt and obvious than others. For example, while termination, demotion, and reductions in pay are all possible forms of whistleblower retaliation, so are transfers, unfavorable performance evaluations, being passed over for promotions and other employment opportunities, termination of national security clearance or access to confidential information, harassment, and other forms of discriminatory treatment.

What Can Federal Employees Do if They Experience Whistleblower Retaliation?

Under the Whistleblower Protection Act, federal employees who experience whistleblower retaliation have an individual right of action. This means that federal employees can sue the government for appropriate remedies (i.e., back pay, future pay or reinstatement). But, there are special rules and procedures federal employees must follow as well. As a result, if you believe you may be a victim of unlawful whistleblower retaliation, you should consult with a federal employment lawyer about your next steps.

FAQs: Merit System Protection Board (MSPB) Appeals

What Is the Merit Systems Protection Board (MSPB)?

The Merit Systems Protection Board (MSPB) is an independent, quasi-judicial agency within the Executive branch of the U.S. government. Its role is to protect federal employees against improper adverse employment action. It specifically has jurisdiction over employment-related decisions based on (or allegedly based on) misconduct and poor performance. Other types of discriminatory and improper practices in the federal workplace fall within the jurisdiction of other federal agencies, such as the Equal Employment Opportunity Commission (EEOC), the Office of Personnel Management (OPM), and the Office of Special Counsel (OSC).

How Much Can Federal Employees Receive in MSPB Appeals?

If you have experienced improper discipline or other unlawful employment action that is subject to appeal with the MSPB, the amount you can recover depends on your individual circumstances. This includes your position with the federal government, your tenure, your salary, the specific law the government violated, and various other factors. In some cases, federal employees have received hundreds of thousands of dollars in compensation. However, these types of results will not be available in all cases.

Can Federal Employees Seek Reinstatement or Promotion Through the MSPB?

Yes, in addition to awarding compensation to federal employees who have experienced improper adverse employment action, the MSPB can award reinstatement, promotions, and other appropriate employment-related remedies. A federal employment lawyer can determine what remedies are available to you based on the facts of your case and then argue for these remedies on your behalf.

FAQs: Federal Government Reductions in Force (RIFs)

What Should I Do if My Federal Agency is Preparing to Conduct a Reduction in Force (RIF)?

If your federal agency is preparing to conduct a reduction in force, you will want to make sure you are prepared as well. If you are at risk of being terminated, there are steps you may be able to take to protect your job. For example, you will want to make sure your performance appraisals have been completed accurately and placed in your file because having favorable performance appraisals on record could reduce your chances of being fired. A federal employment lawyer can assist you with this process and determine what other steps you should be taking to protect yourself as much as possible.

What Is a Retention Register?

A retention register is a list of federal employees who are at risk of being terminated due to a reduction in force. The list is prioritized based on performance and other factors, and the use of a retention register is intended to ensure that no federal employees are terminated on a discriminatory basis. Employees with the lowest “retention factors” are the first ones who will be terminated if the RIF goes forward.

If I Am Facing Termination in a RIF, Can I Seek Alternate Employment with the Federal Government?

Yes, as a federal employee, you have the right to due process during a reduction in force, and this includes the right to due consideration for alternate employment opportunities with the government. For example, you may be entitled to a “bump” or “retreat” to a position at a different level, or you may be able to negotiate a demotion that allows you to retain your current pay for a period of time.

Should I Consider a Voluntary Separation Incentive Payment (VSIP)?

Accepting a voluntary incentive payment (VSIP) is a good option for some, but not all, federal employees. If your federal agency is conducting a reduction in force and you have been offered a VSIP in lieu of termination, you should consult with a federal employment attorney to decide whether you should accept the VSIP or pursue another alternative. 

Additional Federal Employment FAQs

How Do I File an EEO Complaint Against a Federal Agency?

If you want to file a discrimination complaint, you must first contact an EEO counselor from your agency within 45 days after becoming aware of the discriminatory action. If you do not know of an available counselor, you can contact the agency EEO office and request one. The initial contact should be in writing and provide a summary of the discrimination, the basis or bases of discrimination, and the relief requested. The EEO counselor has 30 days to complete counseling unless they request additional time to complete counseling.

When the EEO counselor has completed their efforts, you should receive a notice of your right to file a formal complaint of discrimination. You will have 15 days to file a formal complaint in writing.

How Long Do Federal Employees Have to File an EEO complaint?

Federal employees have 45 days after becoming aware of a discriminatory action to make initial contact with an EEO counselor. The time limits may be extended if:

• There is a “continuing violation” involving many incidents extending over a period of time
• You did not have a reasonable suspicion of discrimination until a later date
• You were misinformed of the applicable requirements

After the EEO counseling process, you will have 15 days to file a formal complaint in writing.

Can My Federal Employer Retaliate Against Me for Filing an EEO Complaint?

No, a federal employer may not retaliate against a federal employee for filing an EEO complaint. Federal discrimination laws make it illegal for a federal agency to retaliate against an employee for opposing discrimination in the workplace, which includes filing a complaint with the EEO office.

Can I Sue a Federal Agency for Workplace Discrimination?

Yes, federal employees are protected by the same statutes as private sector employees that protect against discrimination due to race, sex, national origin, color, religion, age, physical or mental disability, unequal pay, or retaliation. However, before initiating a lawsuit in court, you must first initiate the administrative complaint and investigation process with your EEO office.

Can a Federal Employee Be Fired Without Warning?

No, in order to terminate your employment, management must first issue a “proposed removal.” A proposed removal is a written notice of proposed termination of employment. The proposed removal will inform you of the charges against you and the facts supporting the charges against you.

What Should I Do if I Am a Federal Employee Who Has Just Received a Notice of Proposed Removal?

After you review a notice of proposed removal, you should provide a response both orally and in writing. You can request an oral reply from the deciding official listed in the proposed removal. The written response and oral reply allow you to provide your side of the story and address the allegations listed in the specifications. It is also important to acknowledge any mistakes made and take accountability for any wrongdoing.

If you are responding to a proposed removal based on misconduct, you should address mitigating factors that make the removal unreasonable in light of the totality of the circumstances. Although agency officials are no longer required to consider all Douglas factors in their decisions, the factors may still be used as guidelines where they are material to the reasonableness of the removal. Such factors include, but are not limited to, your past disciplinary record, your past work record, the consistency of the penalty with those imposed upon other employees, the consistency of the penalty with applicable agency table of penalties, the potential for rehabilitation, and the adequacy and effectiveness of alternative sanctions.

You should also raise any affirmative defenses in your response, if applicable. An affirmative defense may apply when the allegations in the proposed removal are based on some illegal or improper motivation by the agency. Common affirmative defenses are that:

• The action is based on illegal discrimination
• The agency failed to reasonably accommodate an employee’s disability
• The action was in retaliation for protected whistleblowing

How Long Do I Have to Respond to a Proposed Removal?

The proposed removal will set forth the time you have to prepare a reply to the proposal. You are entitled to a reasonable amount of time to reply from the date the proposal is issued, but generally not less than 7 days from that date.

What Should I Do if I Am a Federal Employee and the Deciding Official Has Affirmed My Agency’s Proposed Removal?

A removal is generally appealable directly to the Merit Systems Protection Board (“MSPB”). You should file your appeal with the MSPB’s regional office that has jurisdiction over your employing office. You may also file an appeal electronically online. There may be additional avenues for relief if you believe the removal was the result of retaliation due to a protected activity.

If you believe that discrimination played a part in the agency’s decision to remove you, you can either file directly with the MSPB or first go through the EEO complaint and investigatory process. Such cases are referred to as “mixed cases.”

If you believe that reprisal for protected whistleblowing played a part in the agency’s decision to remove you, you can either file directly with the MSPB or first file a complaint with the Office of Special Counsel (“OSC”). After OSC completes review of your case, you will be given notice of your right to file with the MSPB.

If you are covered by a union contract, you will have the right to pursue your appeal through the collective bargaining agreement’s grievance provisions. However, you will need the union’s consent to have your case submitted to arbitration.

If you believe that reprisal for uniformed service played a part in the agency’s decision, you can either file directly with the MSPB, or first file a complaint under USERRA with the Department of Labor, Veterans Employment and Training Service for investigation. After the DOL completes its review of your case, you will then be given notice of your right to file with the MSPB.

How Long Do I Have to File an MSPB Appeal?

An appeal to the MSPB must be filed within 30 calendar days after the effective date of the proposed removal. The MSPB does not excuse late filings unless there is a good cause, which is a strict standard. It is important not to allow this filing deadline to pass.

What Qualifies as Whistleblower Retaliation in Federal Employment?

The Whistleblower Protection Act of 1989 (“WPA”) forbids retaliation against a whistleblower. A whistleblower is someone who has a reasonable belief of wrongdoing and reports that wrongdoing to the appropriate authority. The wrongdoing you report needs to be at least one of the following:

• A violation of law, rule, or regulation
• Gross mismanagement
• A gross waste of funds
• An abuse of authority
• A substantial and specific danger to public health or safety

You need not be a current federal employee to have whistleblower protections. Former employees and job applicants for federal employment are also considered whistleblowers.

What Should I Do if My Federal Supervisor Retaliates Against Me for Reporting Misconduct?

It depends on what kind of misconduct you reported. It is illegal for a federal employer to retaliate against you for whistleblowing or for reporting discrimination on the basis of a protected class. However, the administrative process for seeking relief is different depending on the type of report that you made.

The WPA applies when a personnel action is taken against a whistleblower at least in part because of the whistleblower’s protected disclosure. Retaliation for making the report need not be the sole or major motivation for the action, rather, it need only be a contributing factor. If you have been retaliated against for whistleblowing, there are three options for pursuing a whistleblower retaliation:

• Option One: you may raise whistleblower retaliation as an affirmative defense in an MSPB appeal where the adverse action taken against you was directly appealable to the MSPB
• Option Two: you may file an Individual right of Action with the MSPB after going through a complaint procedure with the OSC
• Option Three: if you are a unionized employee, you may file a grievance alleging reprisal for whistleblowing under the grievance and arbitration procedure of the union’s CBA

It is important to consider all of the options carefully because the choice generally cannot be undone later and may dictate which claims can be raised later.

It is also illegal for a supervisor within a federal agency to If your supervisor retaliates against you for reporting discrimination based on a protected class (i.e., race, sex, religion, age, disability, or national origin), you should initiate contact with an EEO counselor within 45 days of the retaliation. This protection applies if you are reporting discrimination against yourself or opposing the discrimination of another employee.

Can a Federal Agency Deny My Reasonable Accommodation Request?

The Rehabilitation Act of 1973 and the American with Disabilities Act (“ADA”) prohibit employment discrimination against federal employees with disabilities who can otherwise perform their jobs. A disability is defined under these statutes as a physical or mental condition that substantially limits a major life activity.

The Rehabilitation Act and ADA require that federal agencies provide reasonable accommodation for the known disabilities of employees to enable an employee to perform the essential functions of a job. A reasonable accommodation is one that adjusts a disabled employee’s work situation or environment so that they can perform their job. However, the agency does not need to provide accommodation if doing so would create an undue burden on the agency. Whether an accommodation is reasonable depends on the circumstances of each case and the agency has a duty to engage in an interactive process to determine what accommodation is appropriate.

What Should I Do if My Federal Supervisor Is Creating a Hostile Work Environment?

A hostile work environment is a work environment in which an employee is subjected to unwelcome conduct on the basis of their protected class and that conduct must be sufficiently severe or pervasive to alter the conditions of employment. If you believe that your federal supervisor is creating a hostile work environment on the basis of your protected class, you should initiate contact with an EEO counselor within 45 days of becoming aware of the hostile work environment.

Assert Your Legal Rights as a Federal Employee

If you need to assert your legal rights as a federal employee, the most important thing you can do is consult with a federal employment lawyer. Unfortunately, asserting your legal rights is not easy. There are strict – and often complicated and complex – rules you need to follow, and making mistakes could lead to additional problems that may be even more difficult to overcome.

At The Law Firm of J.W. Stafford, we can explain everything you need to know, and we can deal with the federal government on your behalf. We will work to resolve your issue as quickly as possible, and we will only do what is necessary to protect you.

Speak with a Federal Employment Lawyer at The Law Firm of J.W. Stafford

Do you have questions about your legal rights as a federal employee? If so, we invite you to schedule an initial consultation at The Law Firm of J.W. Stafford. To speak with a federal employment lawyer in confidence as soon as possible, call 410-514-6099 or get in touch with us online now.