Federal Employment Lawyers Who Get Results

Are federal employees at-will employees? Federal employees are not at-will employees. They cannot be fired without cause and are protected by legal procedures. However, there are periodic efforts within Congress to make all federal employees at-will employees, so it’s worth discussing the concept of at-will employment. We’ll also review the basics of federal employment and the rights that virtually all federal employees have.  If you are a federal employee or are applying for a federal position, contact us to learn more about federal employment. We can help answer any questions about your rights as a federal employee.  What Are At-Will Employees? According to the National Conference of State Legislatures, at-will employment “means that an employer can terminate an employee ‌for any reason, except an illegal one, or for no reason without incurring legal liability.” Employers cannot fire at-will employees for discriminatory reasons, like the employee’s race, sex, or religion. However, the employer can use just about any other reason to fire the employee. Technically, the employer need not have any reason at all for firing an at-will employee.  Understanding the Basic Rights of Federal Employment Fortunately, federal employees have extensive protections against arbitrary terminations. The vast majority of federal workers have a right to due process. Specifically, federal employees have to receive the following rights when they face discipline: Employees receive more rights if their employer proposes a suspension greater than 14 days, a demotion, or a removal. In those situations, federal employees need to have at least 30 days advance notice and the right to appeal the decision. Employees may appeal major disciplinary actions to the Merit Systems Protection Board, a federal agency designed to “promote an effective Federal workforce.” An MSPB appeal guarantees the employee the opportunity to argue their case before a federal administrative judge. Employees may also present favorable evidence, call supporting witnesses, and cross-examine agency witnesses. Why Are Federal Employees Not At-Will? The answer to this lies in the history of our country. The founding fathers understood it was vital to have an independent federal workforce. Otherwise, federal employees could be hired and fired for purely political reasons. There were several times in American history when civil servants were hired and fired for their political views. In the late 1800s, ordinary citizens frequently expected to get federal jobs by working for a presidential candidate.  The problems of this “spoils system” soon became obvious. In 1881, President Garfield was killed by a disgruntled supporter named Charles Guiteau. Guiteau had demanded a job at the American embassy in Paris for making a speech for President Garfield during his campaign for president. When he failed to receive a position, he decided to take matters into his own hands. The shocking assassination prompted Garfield’s successor to sign the Civil Service Reform Act (CSRA) of 1883. The CSRA helped create an independent civil service by requiring federal agencies to fire employees only for cause.  How Can Federal Employees Be Fired?  Unlike at-will employees, a federal agency may fire a federal employee only for certain reasons. Common reasons for termination include: These are only a few examples. However, agencies can fire federal employees for only specific kinds of misconduct or poor performance. Arbitrary reasons, even if they are not discriminatory, do not suffice.  We Can Help Answer Your Federal Employment Questions Now that you understand the basics of federal employment, you might have other questions about working for the federal government. Whatever your question or concern, we are happy to answer it. In addition, we can represent you if your rights as a federal employee are under attack by your agency. Today, it is easier than ever to find a federal employment attorney. However, it’s critical to pick the right attorney. To protect your federal employment rights, you need a federal employment attorney with many years of experience and a track record of success.  Here at the Law Office of Aaron D. Wersing, PLLC, our federal employment attorneys have several decades of collective experience representing federal employees. We’ve helped our clients with every aspect of federal employment, including MSPB hearings, disability retirement, and whistleblower retaliation. Whatever federal employment legal needs you have, we can help you solve them. To move forward, simply contact us today at 1-866-612-5956. You can also contact us online.

For federal employees contemplating retirement, understanding the nuances between different retirement strategies is essential. Except for a few very senior employees, most federal workers fall under the Federal Employee Retirement System (FERS). Compare FERS deferred and postponed retirement to choose the option that best fits your circumstances. In this article, we’ll clarify the difference between these two different retirement options and help you understand which one might be better for you.  However, if you need specific advice for your situation, then contact a competent FERS disability retirement attorney today.   Understanding Your Options: FERS Deferred or Postponed Retirement First, we need to explore what the terms “deferred retirement” and “postponed retirement” mean. Although these options fall under the FERS, they each operate under distinct circumstances and hold unique implications for retirees. Deferred retirement is typically for FERS employees who leave federal service before they reach the minimum retirement age (MRA). You can apply for deferred retirement if you have at least five years of creditable civilian service. However, bear in mind that you can’t withdraw your contributions to the retirement fund. If you do, you won’t be eligible for deferred retirement. On the other hand, FERS employees with 10–30 years of service who reach their MRA can postpone retirement to avoid the age reduction penalty. Postponed FERS retirement allows you to delay receiving retirement benefits to avoid the age reduction penalty.  What Are the Differences Between Deferred Retirement and Postponed Retirement? Besides the eligibility requirements and the retirement benefits that we just mentioned, there are several other differences between deferred retirement and postponed retirement.  1. Insurance Benefits One critical difference lies in health insurance and life insurance benefits. Under FERS deferred retirement, you are not eligible to continue receiving either Federal Employees Health Benefits (FEHB) or Federal Employees Group Life Insurance (FEGLI) after you leave federal service. If you choose to postpone your retirement, you can reinstate your FEHB and FEGLI when you begin to receive your annuity. However, to receive these benefits, you need to show that you were enrolled in these programs at least five years before your separation. 2. Survivor Benefits Another key difference involves survivor benefits. Deferred retirement annuities do not include survivor benefits if the recipient dies. This is because you have to receive an immediate annuity that began within 30 days of your separation to be able to receive survivor benefits. By contrast, FERS postponed retirement can sometimes pay out survivor benefits to your loved ones if you pass away before receiving your annuity.  3. Thrift Savings Plan FERS deferred and postponed retirements also differ when it comes to the thrift savings plan (TSP). All employees under FERS benefit from the TSP. Furthermore, deferred retirees and postponed retirees can withdraw their TSP funds. However, if deferred retirees can withdraw their TSP funds after they separate, they will have to pay the IRS’s early withdrawal penalty if they are below the age of 59 and 6 months. However, postponed retirees do not have to pay the early withdrawal penalty because they are already at their MRA. 4. Cost of Living Adjustments Lastly, FERS deferred retirement does not offer cost-of-living adjustments (COLAs) until the retiree reaches the age of 62. FERS retirees with postponed retirement receive COLAs immediately after annuity payments begin, even if under age 62. Is There a FERS Deferred Retirement Calculator I Can Use? Many people find it helpful to visualize their retirement options with a retirement calculator. While OPM offers a general formula for calculating your FERS retirement, they do not offer a calculator specifically for deferred retirement situations. Calculate your potential retirement sums by consulting a federal retirement attorney. Let Us Help You Determine Whether FERS Deferred Retirement or Postponed Retirement Is a Better Option For You! Call Today Deferred retirement annuities do not include survivor benefits if the recipient dies. In addition, the choices you make for your retirement will have tremendous effects on your life down the road. Consequently, it’s prudent to reach out to a knowledgeable federal attorney who can give you the advice you need.  Our team of adept attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, is deeply knowledgeable about the nuanced legal factors intrinsic to FERS deferred and postponed retirement cases. We proudly offer our services to federal employees nationwide. In addition, we share an abiding passion for helping the dedicated civil servants who make our country’s government run effectively. Together, we can help you understand which retirement option is best for you in light of your circumstances. We’ll then take the steps necessary to put your plan into motion, including helping you complete your application for deferred or postponed retirement under FERS. If necessary, we’ll work with your agency to ensure that your legal rights are respected and that you receive the retirement benefits that you rightfully deserve.  Contact us today to set up your initial appointment by calling us at 866-612-5956. You can also visit our website online.

Obtaining and maintaining a security clearance is necessary for most federal positions. If you are a current federal employee, losing your security clearance is the easiest way to lose your federal career entirely. And for those who are applying to the federal service, having several public trust clearance disqualifiers on your record can torpedo even the most promising CV. As the old saying goes, “a penny of prevention is worth a pound of cure.” Taking a few moments now to understand how security clearances can be threatened may provide you with vital information later on. We’ll explore the four most common reasons security clearances get denied or revoked so you can succeed where others have failed. For those who have already made some of these mistakes, we will also touch on how you can mitigate their effects. If your employer is threatening to take away or revoke your security clearance, do not wait. Our firm proudly offers services to federal employees nationwide. Contact a federal employment lawyer immediately. Reason #1: Drug Use Drug use has consistently been the most common reason for security clearance revocation or denial. The federal government has enforced a “zero tolerance” workplace drug policy since the 1980s, regardless of state-level drug legalization. In the past few years, many federal employees have lost their security clearances for using marijuana even though doing so was perfectly legal in the state they were working in.  Several specific drug-related conditions that can cost you your security clearance include: There are a few ways you can mitigate drug involvement issues: You can also help mitigate a drug involvement issue by collecting positive character references from friends, former coworkers, and others who know you well. A qualified employment attorney can also help you manage drug-related security clearance issues.  Reason #2: Personal Conduct The government’s definition of “personal conduct” is any general conduct involving “questionable judgment, untrustworthiness, unreliability, lack of candor, dishonesty, or unwillingness to comply with rules” that could indicate a person might not protect classified information. Provide honest and complete information to avoid disqualification from the application process. This is a broad definition that encompasses many different types of conduct and behavior. Some examples of concerning personal conduct include: You can mitigate these concerns by showing that: Of course, cooperating fully with security clearance personnel from the beginning is the best way to avoid running afoul of the personal conduct rule. If you are concerned about how to answer certain questions on a security clearance form, you should consider consulting with an attorney before submitting your responses.  Reason #3: Financial Issues For this category, the government is concerned about people who have made questionable financial decisions, obtained money from unknown sources, or who are desperate for money. More specific conditions that may endanger your security clearance include: It’s also important to disclose all of your sources of income, especially if you have a nice car and house. Otherwise, the government may suspect you derive some of your income from unethical or criminal enterprises.  Reason #4: Foreign Influence A major concern for the government is ensuring that all federal employees are only loyal to the United States. Dual citizenship or other factors which suggest allegiance to another country are problematic for obtaining a security clearance. You may have your security clearance revoked if you: To mitigate these issues, you can: Finally, make sure that any connections you have with citizens of other countries are casual and infrequent. What Percentage of Security Clearances Are Denied? Security clearance rejections are rare, with only 2–5% of applications denied annually by the U.S. Department of Defense and other federal agencies. Secure Your Future: Expert Legal Aid for Protecting Your Security Clearance Congress passed the Social Security Fairness Act in late 2024, repealing the WEP and GPO entirely. Individuals affected by these provisions will have their full Social Security benefits restored. At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we are passionate about defending your rights as a federal employee, and we are committed to maximizing your chances of having a successful and productive federal career. We can represent you at every stage of the security clearance process and will go to great lengths to collect evidence that shows you are worthy of a security clearance.  Over the years, we’ve represented countless federal employees in security clearance cases. Thanks to our services, many people have been able to save their security clearance. We have also helped people with checkered pasts meet the requirements for a secret security clearance. Although many people worry about the costs of hiring a lawyer, we do not want to let money prevent you from protecting your future. Reach out to us today by calling 866-298-1488 or online for help with your federal employment security clearance issues.