How You Can Document (and Protect) Your Legal Rights As a Federal Employee

If you are a federal employee and you are concerned about losing your job, facing retaliation at work, or facing any other form of adverse employment action, it will be important to document your situation as thoroughly as possible. If your concerns come to fruition, you may have grounds to take legal action against the government—and, if you do, you will need documentation to prove your legal rights. Learn more from an experienced Maryland federal employment lawyer at The Law Firm of J.W. Stafford.

Important Documentation When You Have Concerns About Protecting Your Federal Job

For employees in the public and private sectors, proactively gathering the necessary documentation to prove their legal rights is an important step to take when they have concerns about job security. With this in mind, if you have concerns about protecting your federal job, you will want to try to gather documentation, including (but not limited to):

Your Personnel Files

If you haven’t done so already, now is a good time to ensure you have a complete set of your federal personnel files. This includes everything in your Official Personnel Folder (OPF), copies of your performance reviews, and any other documentation you may have that helps to confirm your federal employment history and current employment status.

Your Own Notes About Your Situation

Now is also a good time to take notes about your situation. You should spend some time writing down why you have concerns about facing wrongful termination, retaliation, or another form of improper adverse employment action—including as many details as possible. Among other things, try to write down details such as:

• Why you believe you are being targeted
• The names of all individuals involved
• The names of any potential witnesses
• The timeline of relevant events
• The timing and substance of any relevant communications

You should keep your notes at home (not in your government office or on a government-issued device), and update them as you recall additional details or as new events transpire. If you need to meet with a Maryland federal employment lawyer about your situation, having these notes with you will help ensure that you are able to provide as much relevant information as possible.

Relevant Communications Related to Your Federal Employment

In addition to ensuring you have a complete copy of your personnel file (if possible), you should also attempt to preserve any relevant communications related to your employment. If your concerns relate to internal memos, emails or any other communications you have received, save copies and include details about these in your notes. If you have expressed concerns and received any communications in response, try to preserve copies of these communications as well.

Keep in mind that there are steep penalties for removing classified information from federal government facilities and devices, and restrictions may also apply to certain other types of government records. While federal employees are entitled to make and retain copies of their own personnel records, if you are unsure about whether you can make copies of anything else, you should consult with a Maryland federal employment lawyer before you do anything that could further jeopardize your employment.

What To Do if You Experience Wrongful Adverse Employment Action as a Federal Employee

If your concerns come to fruition and you experience any form of wrongful adverse employment action, there are some additional steps you will want to take promptly. In this scenario, it will be important to:

1. Make Sure You Know the Steps You Need to Take to Assert Your Legal Rights

While federal employees are entitled to various job-related protections, you need to make sure you know the specific protections that apply under the circumstances at hand. This will determine the steps you need to take to assert your legal rights. Depending on the circumstances, you may need to begin the complaint process with your federal agency, file a complaint with the Equal Employment Opportunity Commission (EEOC) or Office of Special Counsel (OSC), file an appeal with the Merit Systems Protection Board (MSPB), or take other legal action.

2. Make Sure You Know the Deadlines that Apply

In many situations, strict deadlines apply. If there are deadlines you need to meet in order to protect your legal rights, you need to make sure you know when you need to take action—and you need to start taking steps to ensure that you will be able to take appropriate action on time.

3. Avoid Mistakes that Could Make Your Situation Worse

Regardless of how you have been treated (or mistreated) as a federal employee, you need to be careful to avoid making your situation any worse than necessary. Mistakes, such as ignoring your job duties (if you are still employed) and posting negative comments about your federal agency online, can lead to additional consequences that could have been avoided. For more information about what not to do in this scenario, you can read: What Not To Do if You Are Concerned About Losing Your Job in Maryland.

4. Ensure that You Are Making an Informed Decision if You Are Thinking About Leaving Your Federal Employment

If you are thinking about leaving your federal job because of what you have been forced to endure, you will need to ensure that you are making informed decisions in this scenario as well. While you may still be entitled to legal remedies if you leave your job voluntarily, mistakes here could lead to undesirable (and avoidable) consequences as well. To learn more about what you need to know if you are thinking about leaving your federal job, you can read: When Can You File a Claim for Constructive Discharge as a Federal Employee?

5. Talk to a Maryland Federal Employment Lawyer About Your Legal Options

Due to the challenges involved in understanding, documenting, and protecting your legal rights as a federal employee, it is important to have an experienced lawyer on your side. If you need advice about how to deal with your situation, you should talk to a Maryland federal employment lawyer as soon as possible.

Request a Confidential Consultation with an Experienced Maryland Federal Employment Lawyer

If you need to speak with a Maryland federal employment lawyer about your situation, we invite you to contact us. Call 410-514-6099 or contact us confidentially online to schedule a confidential consultation at The Law Firm of J.W. Stafford today.