Understanding Your Rights as a Fired (Former) Federal Employee

If you are among the more than 200,000 federal employees who have lost their jobs this year, you understandably have lots of questions about your legal rights. While federal employees are entitled to strong protections under federal law, understanding your legal rights can be challenging—and the current administration’s actions are raising unprecedented questions about what is (and isn’t) allowed when it comes to removing federal workers from civil service. As a result, many individuals who used to work for the federal government are suddenly finding themselves in need of an experienced Maine federal discrimination lawyer who can help them make informed decisions.

So, what do you need to know?

Despite the questions swirling in the media, federal employees (and former federal employees) still have several clear legal rights. Here are some of your key legal rights as a recently terminated federal employee:

The Right to Due Process

Generally speaking, federal employees have the right to due process. What constitutes “due” process depends on the circumstances surrounding a federal employee’s termination, including his or her government position at the time of termination and the stated reason (if any) for his or her separation from the federal workforce.

As has been discussed in the media, probationary employees—who are currently a primary focus of the administration’s reduction-in-force efforts—are not entitled to the same protections as their non-probationary counterparts. However, protections still apply, and both probationary and non-probationary federal employees can file wrongful termination claims based on due process violations in appropriate cases.

The Right to Be Free from Prohibited Personnel Practices (PPPs)

As the Office of Special Counsel (OSC) explains, “[p]rohibited personnel practices (PPPs) are employment-related activities that are banned in the federal workforce because they violate the merit system through some form of employment discrimination, retaliation, improper hiring practices, or failure to adhere to laws, rules, or regulations that directly concern the merit system principles.” If your termination involved a PPP (or any other violation of the federal merit system principles), this could provide you with grounds to pursue a wrongful termination claim as well.

Some examples of prohibited personnel practices include:

• Discrimination – This includes discrimination based on race, color, national origin, sex, age, religion, political affiliation and all other personal characteristics that are protected under federal law.
• Considering Inappropriate Recommendations – This includes both considering recommendations “based on political connections or influence” and considering recommendations from individuals who lack “actual knowledge of [a] person’s abilities as they would apply to the position in question.”
• Nepotism – This involves hiring, promoting, or advocating for the hiring or promotion of a government employee’s relatives, including blood relatives, step-relatives, and in-laws.
• Granting Unauthorized Advantage – Similar to nepotism, this involves improperly hiring, promoting, or advocating for the hiring or promotion of someone for personal reasons. However, unlike nepotism, it is not limited to relatives.
• Coercing Political Activity – This includes not only attempting to affirmatively coerce political activity, but also “retaliate[ing] against an employee for refusing to engage in political activity.” This prohibition is specifically intended to “help keep partisan politics out of the federal workforce.”

Again, these are just examples. When you hire an experienced Maine federal discrimination lawyer to represent you, your lawyer will be able to assess all potential grounds for challenging the termination of your federal employment.

The Right to Know Why You Were Fired

As a former federal employee, you have the right to know why you were fired. If you haven’t been told why you were fired, or if you believe that the reason for your termination is being misrepresented, this is a matter that you should discuss with an experienced Maine federal discrimination lawyer promptly.

The Right to File an Appeal or Complaint

If you were fired in violation of your due process rights, if your termination constitutes a prohibited personnel practice, or if your termination was wrongful for any other reason, you have the right to file an appeal or complaint. For many former federal workers, this will involve going to the Merit Systems Protection Board (MSPB) or the Office of Special Counsel (OSC). However, there are other avenues for filing an appeal or complaint as well—and, here too, your rights depend on your (former) federal employment status.

Importantly, deadlines and other restrictions may apply—so you will want to consult with an experienced Maine federal discrimination lawyer promptly. If you wait too long to take action, you could lose your right to challenge your termination.

The Right to Legal Representation

All current and former federal employees have the right to legal representation. If you need to take action to challenge the termination of your federal employment, you can—and should—hire an experienced Maine federal discrimination lawyer to represent you. A lawyer who has relevant experience will be able to:

• Determine if your termination was wrongful (i.e., because of a due process violation, a prohibited personnel practice or another federal employment-related issue).
• Determine what you need to do to challenge your wrongful termination (i.e., file an appeal with the MSPB, file a complaint with the OSC or go to federal court).
• Gather the documentation needed to prove that your termination was wrongful.
• Prepare and file your appeal or complaint in accordance with all substantive and procedural requirements.
• Help you decide what remedies to pursue and represent you throughout the process of challenging your wrongful termination.

If you have grounds to challenge your termination from the federal workforce, hiring an experienced Maine federal discrimination lawyer to represent you will be well worth it in the end. The first step is to schedule a confidential consultation—and, to protect your legal rights, you should do so as soon as possible.

Schedule a Confidential Consultation with a Maine Federal Discrimination Lawyer Today

If you have lost your federal job and need to know more about your legal rights, we strongly encourage you to get in touch. To schedule a confidential consultation with an experienced Maine federal discrimination lawyer as soon as possible, please call 410-514-6099 or request an appointment online today.