Federal Employment Lawyers Who Get Results

Thousands of federal employees exercise their unique right as government workers to appeal disciplinary and adverse actions with the Merit System Protection Board (MSPB) every year. The ability to challenge an agency’s potentially unfair or unjust employment decisions is one of the most vital legal protections federal workers enjoy.  However, when you’re a federal employee considering your options after a proposed demotion, suspension, or removal, it’s natural to ask a critical question: How many federal employees win their cases with the MSPB? This blog post will explain what federal employees should know about the success rate of the MSPB appeal. We’ll break down the data on MSPB cases won on appeal and clarify some important facts behind these numbers. How MSPB Appeals Work The MSPB is a quasi-judicial body that oversees job-related disputes between federal employees and agencies. When eligible federal employees face a proposed disciplinary action from their employer, they can bring it to the MSPB for review. Some of the actions appealable to the MSPB include: The MSPB ensures that an agency has acted correctly and fairly under federal employment laws and policies. It also protects civil servants from arbitrary or politically motivated discipline.  Eligible employees typically have up to 30 days to file an appeal with the MSPB after an adverse action. In the process, you can offer arguments and submit evidence to an administrative judge (AJ) showing why your employer’s action was wrongful. You also have the right to hire a lawyer to represent and advise you throughout the appeal process. The AJ will review your claim and decide whether your agency’s action was appropriate. If their decision isn’t in your favor, you can file for a limited number of additional rounds of review. Rate of MSPB Cases Won by Federal Employees So, how many federal employees win their cases with the MSPB? According to MSPB data, only a few. In 2019, the agency released a report showing that federal employees won their appeals in only 3% of cases from the previous three years.  The MSPB’s 2023 report suggests that this trend continues. Of the 4,135 total appeals the MSPB decided that year, only 98 saw a reversal of an agency’s original decision. That puts the MSPB appeal success rate for federal employees at 2.4% in 2023. Understanding the Data on MSPB Case Decisions  The low success rate in MSPB appeals can seem discouraging. However, this statistic doesn’t tell the whole story.  For one, the MSPB’s appeal success rates don’t consider cases that end in settlement. A settlement is a legal way to resolve an issue without an official ruling or decision. In it, both sides agree to terms that are generally favorable to each of them. For example, an employee appealing a proposed removal could agree to a settlement that allows them to keep their job on the condition that they meet specific performance standards over the next six months. Although settlement details vary from case to case, they often involve at least a partially favorable outcome for an employee.  Additionally, many of the failed MSPB appeals are cases dismissed because of often avoidable errors. Dismissal of cases can occur because of: Of the 4,135 appeals filed in 2023, almost 3,000 were dismissed. Of the remaining cases eligible for consideration on merit, 732 ended in settlements. With this in mind, we can get a different perspective on employee success rates. Of the 1,320 cases the MSPB did not dismiss, 63.6% ended in either a settlement or an outright win for employees in 2023.  Understanding the details behind the data on MSPB case decisions is essential for federal employees considering an appeal. Make no mistake: pursuing a successful MSPB appeal can be challenging. However, with thorough preparation and experienced legal support, a positive outcome isn’t as far off as initial statistics suggest.   A Trusted Advocate for Federal Employees Navigating the technical and legal complexities of the MSPB appeal process can be daunting, especially for federal employees already stressed about their job security. Fortunately, you don’t have to fight this battle alone. Seeking support from a legal professional trained in federal employment law is one of the most effective ways to increase the chances of a positive outcome in an MSPB appeal. Attorney Aaron D. Wersing has spent years advocating for federal employees seeking relief from unfair or excessive actions by their agency. With hands-on experience in virtually all aspects of federal government employment, Aaron Wersing has the legal knowledge and strategic insights to help advise you at each step of your MSPB appeal. Contact the Federal Employment Law Firm of Aaron D. Wersing PLLC to learn more about your options and how we can help.

Appeals to the Merit Systems Protection Board (MSPB) are a fundamental right and privilege unique to federal government employees. However, challenging an agency’s proposed removal, demotion, or other adverse action can be lengthy and stressful. The settlement process offers employees and agencies a way to avoid some of the time and cost of an MSPB appeal on terms beneficial to everyone involved.  This blog post will explain what federal employees should know about MSPB settlement agreements. We’ll cover the MSPB settlement process, what these agreements can include, and why federal employees should consider pursuing one.  What Are MSPB Settlement Agreements? An MSPB settlement is a legal agreement between a federal employee and their agency. The purpose of the settlement agreement is to resolve the issue the employee appealed to the MSPB without further litigation. Some common disputes that often end in MSPB settlements include adverse employment actions, whistleblower retaliation cases, and benefits application denials.  Where Can I See MSPB Settlement Agreement Samples?  An MSPB settlement is a document detailing the agreement terms between a federal employee and an agency. Both parties consent to specific actions and obligations as conditions for ending the dispute. The specific terms of the settlement can vary widely from case to case. Since many agreements contain confidentiality clauses, finding MSPB settlement agreement samples to review can be challenging for employees. However, here are some terms and provisions they often include. Reduction or Revision of Adverse Action Settlements can offer federal employees the chance to avoid an adverse or disciplinary action proposed by an employer. For example, an employee suspended from work for 30 days for excessive tardiness could have their punishment reduced or waived. Federal employees facing termination often seek “last chance” agreements in an MSPB settlement. In these situations, an agency allows employees to continue in their jobs if they agree to meet certain behavior or performance standards.  Clearing Disciplinary Record Another frequent part of a settlement agreement is removing or correcting unfavorable actions on an employee’s personnel record. In some cases, even if an employee is ultimately removed, a settlement can grant access to valuable resources for their job search, such as employer references, recommendation letters, or revised performance evaluations.  Retirement Benefits Provisions involving retirement benefits are an important way for federal employees to protect their future financial security while resolving an adverse employment action. Retirement benefits in MSPB settlement agreements may include: A settlement may also include provisions designed to help employees retain eligibility for other federal benefits programs linked to retirement, such as health and life insurance.  Waivers and Restrictions Beyond offering benefits, MSPB settlements also typically require employees to fulfill some obligations to their employer. These obligations could include agreeing to not: Other obligations included in MSPB settlements apply to both parties. For example, it’s common for an MSPB settlement agreement confidentiality clause to prevent both a federal employee and their employer from disclosing certain information about an MSPB appeal or its settlement.  Can the MSPB Award Compensatory Damages? The MSPB can facilitate compensation to federal employees through a settlement agreement. For example, an employee could negotiate to receive financial compensation for back pay or lost benefits from their agency in exchange for waiving certain legal rights. However, the MSPB doesn’t have the power to award traditional compensatory damages to employees directly. How Do You Reach an MSPB Settlement? The settlement process can begin when a federal employee files their initial appeal with the MSPB. Generally, the employee or agency proposes a settlement offer to the other side. The two parties and their legal representatives discuss the terms and negotiate back and forth until they are all in agreement. Then, both parties sign the drafted agreement and file it with the MSPB judge for approval.  Once a settlement is approved, it is a legally binding agreement. Reversal of the agreement can only happen if there’s a legal issue with the contract, e.g., one party breaks the terms of the agreement or misrepresents facts. In these cases, the other party can begin the MSPB settlement agreement rescission process to reexamine and potentially invalidate the agreement. What Is the Success Rate of the MSPB Appeal? According to MSPB data, most appeals decisions favor federal agencies, not employees. In 2023, the MSPB affirmed agencies’ original decisions in 77.9% of the appeals cases they adjudicated. Only 16.7% of the appeals cases were reversed into favorable outcomes for federal employees.  The relatively low success rate on appeal makes settlement a valuable option for federal employees to be aware of.   Trusted Advocates for Federal Employees Settlement agreements can be a strategic tool for federal employees to reduce the stress of an MSPB appeal. If you’re currently involved in an MSPB appeal, it’s essential to have the support of a skilled legal advocate who understands MSPB settlements and can negotiate for your best possible outcome.  The Federal Employment Law Firm of Aaron D. Wersing PLLC has spent years helping federal employees navigate their rights under the complexity of the MSPB appeals process. With his knowledge and experience in federal employment law, attorney Aaron D. Wersing has helped hundreds of clients protect themselves and their government careers. Contact our office today to learn more about your rights and how we can help you exercise them.

Unlawful harassment occurs when an employer treats a person or group differently from others who are similarly situated. If you work for the federal government and believe that you have experienced unlawful workplace harassment, there is a specific procedure you must follow to get relief. Today, we’ll cover the basics of federal harassment laws, including what qualifies as harassment under these laws and the options available for federal employees to address it. If you believe you have experienced unlawful harassment in your federal workplace, you may be available in your situation. Contact an experienced federal employment lawyer by sending an online message or calling our firm at (866) 626-5325 today. What Is Unlawful Harassment? Workplace harassment, defined as unlawful behavior that creates a hostile work environment, is a form of employment discrimination and violates several federal acts that protect employees’ rights. These include: This conduct could be based on race, color, sexual orientation, gender identity, pregnancy, religion, national origin, age, genetic information, or disability. Types of Unlawful Workplace Harassment Conduct Unlawful harassment can include verbal, written, visual, or physical conduct. Verbal or Written Harassment  Verbal harassment may include insults, derogatory slurs or comments, or name-calling. Invasive questions about a person’s body, appearance, clothing, customs, or sexual activity may also qualify as unlawful workplace harassment. Verbal harassment includes written, emailed, or text statements.  Visual Harassment Workplace harassment examples can sometimes be subtle and harder to detect or prove. They include offensive gestures, sexually suggestive noises, hostile eye contact, and the display of derogatory or offensive images. Offensive images can come in many forms, including images on the clothing someone wears to work. Physical Harassment Physical harassment can include unwanted proximity. This can include following, standing close to, or actually touching someone. Sexually suggestive hand gestures or facial expressions can be categorized as physical harassment as well, even if there is no actual contact. And of course, actually touching someone else’s body without permission in any type of sexual or unwanted manner is prohibited. What Is Unlawful Retaliation? Retaliation is a specific form of discrimination that may occur in response to an employee making a good faith complaint about workplace harassment or discrimination. Retaliation can also happen in response to the refusal of sexual advances or defending others from advances. Requests for disability or religious accommodations may also be met with retaliation. Unlawful retaliation occurs when an employer changes the terms of employment such as responsibilities, pay, schedule, or other factors as a form of punishment.  What Three Factors Are Commonly Used to Determine Unlawful Workplace Harassment?  Harassment is unwelcome conduct that becomes unlawful when it is severe or pervasive enough to create a hostile or abusive environment. However, not all offensive actions meet this standard. Petty slights, annoyances, or isolated incidents, while bothersome, may not rise to the level of unlawful harassment. Under federal law, unlawful workplace harassment is defined by three key factors: the conduct must be unwelcome, it must be either severe or pervasive, and it must interfere with the victim’s work performance. If any of these factors are applicable in your situation, you may be eligible for financial compensation.  Process of Filing a Formal Unlawful Workplace Harassment Complaint for Federal Employees If you have experienced unlawful harassment in a federal workplace, you have options to assert your rights. It is important to note that these are legal remedies, and the best way to achieve the results you deserve is to hire an experienced federal EEOC attorney.  Contact Your EEO Counselor Each federal agency has an EEO counselor. Contact your designated counselor within 45 days of when the discrimination occurred. This is the first step prior to filing a formal complaint with the EEOC. The counselor can walk you through the process. You may have multiple options for filing. An experienced EEOC attorney can guide you through this process.  Alternative Dispute Resolution After speaking with your EEO counselor, federal employees may participate in alternative dispute resolution. This typically means mediation and is a good opportunity to try to resolve issues at the lowest level. However, if this does not resolve the problem, it may be time to file a formal complaint. File a Formal Complaint If your unlawful workplace harassment dispute cannot be resolved using alternative dispute resolution, your EEO counselor will provide you with a written notice that gives you the right to file a formal complaint within 15 days. The notice will explain how to properly file the formal complaint.  Agency Investigation Once the agency accepts your discrimination claim, they will initiate an investigation. Upon completion of the investigation, you may request an immediate final decision or a hearing before an administrative judge.  Hearing Before an Administrative Judge Hearings are not always a part of the EEOC formal complaint process depending on your claim. During the hearing, your case is presented to the judge who reviews information from both sides and makes a decision whether or not there was discrimination.  Final Decision and Appeal The federal agency will review the judge’s decision. If the judge found unlawful harassment, the agency can implement the judge’s orders or its own remedy. Federal employees may still appeal to the EEOC’s appellate division, the Office of Federal Operation (OFO), within 30 days if the remedy is unfavorable.  Suing for Unlawful Workplace Harassment The Federal Employment Law Firm of Aaron D. Wersing, PLLC, can help you understand your complaint and the financial impact of the harassment. Our team is passionate about helping federal employees assert their rights and can help you collect evidence and build your case. Contact us online today or call (866) 626-5325.