Federal Employment Lawyers Who Get Results

Federal employees may have several potential avenues to challenge unlawful or unfair workplace actions. Two of the most common are civil service appeals filed with the Merit Systems Protection Board (MSPB) and EEO complaints made through the Equal Employment Opportunity process. Understanding the scope, timelines, and procedures of each is essential. This guide explains what MSPB appeals cover, how they differ from EEO complaints, how to file either type of action effectively, and when to seek legal representation. What Are MSPB Appeals? Federal employees have the right to challenge certain employment actions before the Merit Systems Protection Board (MSPB), an independent agency that ensures fairness in federal employment, under governing civil service laws. The MSPB only has the legal ability, called jurisdiction, to hear and decide appeals of certain types of agency actions involving certain categories of federal employees. Understanding which types of agency actions can be appealed can help employees better protect their rights and pursue the remedies they deserve. One of the most frequent types of MSPB appeals involves adverse actions. These include removals from federal service, suspensions lasting more than 14 days, demotions, and reductions in pay. Such actions can have a lasting effect on an employee’s career and financial  stability. The MSPB plays a critical role in reviewing whether the agency’s decision was justified and whether proper procedures were followed. The MSPB also hears cases involving performance-based actions. These actions typically involve removals or demotions that agencies base on claims of unacceptable performance. For federal employees, appealing to the MSPB can provide an opportunity to challenge whether the agency properly documented performance issues and applied the standards fairly. Another significant category of appeals involves whistleblower retaliation, often filed as Individual Right of Action (IRA) appeals. Before bringing an IRA appeal to the MSPB, employees must first seek relief from the U.S. Office of Special Counsel (OSC). If the OSC does not resolve the matter, it will issue the employee an Individual Right of Action (IRA) letter, allowing the employee to pursue an MSPB appeal, alleging that the agency retaliated against them for engaging in protected whistleblowing activity. These cases are critical for safeguarding the rights of federal employees who speak out against violations of law or policies, misconduct, fraud, waste, or abuse. Beyond adverse and performance-based actions, the MSPB has jurisdiction over other appealable matters. These may include certain reduction-in-force (RIF) actions, furloughs, Office of Personnel Management (OPM) retirement determinations, and specific suitability determinations affecting an employee’s ability to serve in federal positions. The MSPB also has original jurisdiction (meaning over a complaint, rather than over an appeal of an agency action), over a few types of highly specialized matters, including adverse actions taken against administrative law judges (ALJs). Each of these MSPB matters can have unique requirements and procedures, making it essential for employees to understand their options from Day 1. In every MSPB case, the central questions remain the same: “Did the agency have valid legal and factual grounds for its action? And, did agency management comply with the required procedures?” What Are EEO Complaints? An Equal Employment Opportunity (EEO) complaint addresses discrimination, harassment, or retaliation based on protected characteristics (race, color, religion, sex, pregnancy, gender identity, sexual orientation, national origin, age 40+, disability, or genetic information). EEO also covers denial of reasonable accommodation and reprisal for engaging in EEO activity. The EEO process investigates whether unlawful discrimination occurred and provides remedies tailored to civil rights violations. Despite the differences between the two processes, facts grounding an EEO complaint can sometimes overlap with bases for an MSPB appeal. Key Differences Between MSPB Claims and EEO Complaints Issue MSPB Appeals EEO Complaints Jurisdiction Appeal of agency actions (e.g., removals, suspensions 14+ days, demotions, whistleblower reprisal, retirement issues). Allegations of discrimination, harassment, retaliation, or denial of accommodation based on protected status. Eligibility Generally, non-probationary competitive service employees, excepted service employees who have completed 2 years of service, some “hybrid” Title 38 Veterans Administration employees, certain preference-eligible U.S. Postal Service employees with 1 year of service Any federal employee or applicant for federal employment Deadline Generally, the MSPB appeal must be filed within 30 days from the effective date of the action or receipt of the decision, whichever is later. Must make initial contact with an agency EEO Counselor within 45 days of the alleged discriminatory event. If the informal process with the EEO Counselor doesn’t lead to a resolution, must file a formal EEO Complaint within 15 days. Procedure Filed electronically via MSPB’s e-Appeal Online; case proceeds before an MSPB Administrative Judge with discovery, conferences, hearing, and decision. Begins with informal counseling, followed by a formal complaint, investigation, possible EEOC hearing, and final decision. Possible Remedies Reinstatement, back pay, benefits restoration, correction of records, attorney fees (when authorized). Same as MSPB plus compensatory damages for proven discrimination (subject to caps), including emotional distress and other non-pecuniary damages. How to Effectively Pursue an MSPB Appeal Filing EEO Complaints: Core Steps Choosing Between MSPB Claims and EEO Complaints Consideration MSPB Claims EEO Complaints Nature of the Issue Best suited for appealable actions such as removals, suspensions over 14 days, demotions, or reductions in pay. Focuses on claims of discrimination, harassment, or retaliation based on protected characteristics such as race, sex, age, disability, or religion. Available Remedies Remedies may include reinstatement, back pay, correction of personnel records, or reversal of adverse actions. Remedies may include compensatory damages including emotional distress damages, back pay, policy changes, or workplace accommodations. Deadlines Strict 30-day deadline from the effective date of the agency’s action to file an appeal. Strict 45-day deadline from the date of the alleged discrimination to initiate contact with an EEO counselor. Mixed Case Strategy If an appeal involves both an appealable action that would give the MSPB jurisdiction and EEO discrimination allegations, an unfavorable MSPB decision may be appealable to the EEOC or to federal district court. If a complaint involves both an appealable action that would give the MSPB jurisdiction and EEO discrimination allegations, you will not be...

Federal employees face unique workplace challenges governed by strict regulations and procedures. When issues such as discrimination, wrongful termination, retaliation, or denial of accommodations arise, it is critical to understand your rights and know when to seek legal support. The Equal Employment Opportunity Commission (EEOC) resolved more than 60,000 charges of discrimination and secured over $400 million in compensation for employees. These numbers highlight how often workplace disputes occur and the importance of knowing when to consult a federal employment attorney. This article explains what federal employment law covers, the signs that indicate you may need legal representation, and how to choose the right attorney for your case. Understanding Federal Employment Law Federal employment law establishes workplace protections and standards for employees of federal agencies. It governs issues such as workplace rights, discrimination, benefits, retaliation, and whistleblower protections. These laws are designed to ensure employees are treated fairly and have access to remedies when violations occur. Common Issues Federal Employees Face Federal employees may need legal representation for matters including: The Role of a Federal Employment Lawyer Federal employment law is highly specialized, with unique procedures and strict timelines that differ from those of private-sector employment disputes. A federal employment lawyer plays a critical role in protecting employees’ rights and ensuring that their cases are handled properly from start to finish. Their role goes beyond simply filing paperwork. They act as both legal representative and advocate. Key Responsibilities of a Federal Employment Lawyer What You Can Do on Your Own vs. What a Lawyer Does for You Without A Lawyer With A Federal Employment Lawyer Research laws and procedures on your own, which may be confusing and overwhelming. Receive clear explanations of relevant laws and how they apply to your specific case. File a complaint with the EEOC or MSPB, but risk missing strict deadlines or making procedural errors. Ensure all filings meet technical requirements and are submitted on time. Represent yourself in hearings, which requires legal knowledge and the ability to present evidence effectively. Have a trained attorney advocate on your behalf, cross-examine witnesses, and argue your case. Attempt to negotiate directly with your employer or agency, often with limited leverage. Benefit from professional negotiation to secure fair compensation or reinstatement. Rely on limited understanding of potential remedies. Gain a full picture of available legal remedies, including back pay, benefits, or corrective actions. Signs You Need Legal Representation Federal employees are protected by laws designed to ensure fair treatment in the workplace. However, when these protections are violated, it may be time to seek professional legal guidance. 1. Discrimination If you are treated unfairly based on race, color, gender, age, disability, religion, national origin, or another protected characteristic, this may constitute unlawful discrimination. An attorney can help assess whether these actions meet the legal standard for discrimination and guide you through the process of filing an EEOC complaint or pursuing other remedies. 2. Wrongful Termination or Retaliation Being terminated, demoted, or disciplined for reasons unrelated to job performance can be unlawful. This is particularly true if the action was taken in retaliation for reporting misconduct, filing a complaint, requesting an accommodation, or exercising other workplace rights. Federal employment lawyers evaluate whether your employer’s stated reason for termination was legitimate or a pretext for retaliation, and they can represent you in challenging the decision. 3. Failure to Provide Workplace Accommodations If your employer refuses to provide accommodations, such as modified work schedules, adaptive equipment, or remote work options, without valid justification, this may be a violation of your rights. A lawyer can advocate to ensure your agency complies with its legal obligations. 4. Harassment Harassment may include sexual harassment, offensive comments, intimidation, or the creation of a hostile work environment. Federal law prohibits behavior that unreasonably interferes with an employee’s ability to perform their job or creates an abusive atmosphere. 5. Disputes Over Pay or Benefits Federal employees are entitled to fair compensation and benefits under statutes such as the Fair Labor Standards Act (FLSA) and the Office of Personnel Management (OPM). If you believe you are being underpaid, denied overtime, or excluded from benefits you are legally entitled to, an attorney can help you pursue claims for back pay, corrections to employment records, or restoration of denied benefits. Why Choose Federal Employment Law Firm of Aaron D. Wersing, PLLC Your rights as a federal employee are protected under the law. However, enforcement often requires experienced legal representation. Consulting with a federal employment attorney ensures that your claims are handled properly and that you have the support needed to pursue justice. If you recognize any of these situations in your own workplace, do not wait to take action. Strict deadlines often apply to federal employment cases, and delaying could limit your legal options. At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we are dedicated to protecting the rights of federal employees. Contact us today to schedule a confidential consultation and learn how we can help safeguard your career, your reputation, and your future.

Navigating and understanding whistleblower protections laws is confusing and overwhelming for the average federal employee. As a result, a federal employment lawyer will help you know, understand, and empower you. Understanding your rights is not just about knowing what to say; it’s about knowing when and how to say it. The importance of understanding legal protections cannot be overstated. Misconceptions abound; many believe that simply reporting misconduct guarantees job security or protection from retaliation. The reality couldn’t be further from the truth. Your journey begins by recognizing when it’s time to seek legal help. If you’ve experienced retaliation or harassment after reporting wrongdoing, reaching out to a federal employment lawyer could be your best move. They can assist in filing claims with the right agencies, like the MSPB or EEOC, to ensure your voice is heard without jeopardizing your career. Understanding Whistleblower Protections Whistleblowing is when an employee reports illegal or unethical behavior within their organization. This could range from financial fraud to workplace safety violations, or even discrimination. Essentially, if you see something that doesn’t sit right, blowing the whistle means you’re taking a stand for what’s right. Types of Protected Disclosures There are several types of issues that employees can whistleblow about. Although not all issues are protected by the whistleblower protections law. Here are some types of issues that typically receive protection: Whistleblower Protection Act The Whistleblower Protection Act is your primary defense mechanism. This act was enacted in 1989 and has been strengthened since then. It ensures that federal employees can report misconduct without fearing for their jobs. If retaliation occurs like being demoted or fired, you have grounds to file a complaint through agencies like the MSPB (Merit Systems Protection Board). Beyond the WPA, additional statutes provide layers of protection for various situations: Steps to Take Before Seeking Legal Help Before you call in a federal employment lawyer, it’s essential to lay some groundwork on your own. First things first, documenting incidents and starting to gather evidence that supports your claims, like email, messages, incident reports, performance reviews, and, if possible, witness statements. Next, check if your workplace has internal reporting mechanisms like an HR department or ethics hotline. Reporting internally can sometimes resolve issues without escalating them legally. So, follow protocols and familiarize yourself with your organization’s policies on reporting misconduct. This ensures you’re following the right procedures. When making a report, stick to the facts. After submitting a report, ask for confirmation that it was received. This will help track the chain of communication. When To Contact a Federal Employment Lawyer One of the most telling signs that you need to seek legal help is if you’ve experienced retaliation or discrimination after reporting misconduct. If you experience being sidelined, demoted, given unwarranted negative performance reviews, or even terminated in response to raising concerns is a major red flag that your rights are being violated. Another warning sign is when your complaints are met with silence from HR or agency authorities, leaving you without answers or support. This lack of response can often signal that your issues are being ignored or that the issue is being swept aside. Finally, the complexity of your case may also call for the help of a legal counsel. Situations involving multiple claims of discrimination, overlapping legal frameworks such as Title VII and the FLSA, or even potential criminal implications require the skill of an experienced employment attorney. Having a knowledgeable lawyer by your side ensures that no detail is overlooked and that your rights are fully protected. Working with a Federal Employment Lawyer In the event that your internal reporting agency hasn’t responded accordingly, this is when you need a federal employment lawyer. You want a lawyer who understands your unique situation. When looking for the right lawyer, check their expertise because experience matters. You can also schedule a consultation with them, where you can use this opportunity to gauge their understanding of your situation and how they plan to approach your case. Ask about their success rates in similar cases because a lawyer with a strong track record can provide peace of mind that you’re in capable hands. Lastly, ensure they communicate clearly and promptly. You want someone who makes you feel comfortable enough to be vulnerable and can explain complex legal jargon. Why Choose Federal Employment Law Firm of Aaron D. Wersing, PLLC Blowing the whistle on misconduct or fraud in the federal workplace takes courage—but it can also put your career, reputation, and livelihood at risk. If you’ve spoken up and are now facing retaliation such as demotion, harassment, or termination, you don’t have to stand alone. The Federal Employment Law Firm of Aaron D. Wersing, PLLC, is dedicated to protecting whistleblowers like you. Our team understands the complex laws that safeguard federal employees and knows how to fight back against agencies that try to silence those who speak the truth. Don’t let retaliation cost you your future. Contact us today at (866) 608-9509 or send us a message online. Let us help you protect your rights, preserve your career, and continue doing what’s right without fear of reprisal.