An EEOC class action complaint is a special kind of complaint brought collectively by a group of people against one entity. When most people think of class action complaint, they think of lawsuits against large pharmaceutical corporations, petroleum companies, tobacco producers, vehicle manufacturers, and financial companies. However, federal employees can bring a class action lawsuit against the federal government as well. There are many reasons that injured federal employees might want to start a federal class action complaint, but the most common relates to employment discrimination. Take a moment to learn more about the fundamentals of federal class action lawsuits. Afterward, consider consulting an EEOC class action attorney. The Basics of EEOC Class Action Lawsuits In traditional lawsuits, each party has to represent itself. This means that each plaintiff has to be present in court, hire an attorney, and participate in all aspects of litigation. Few federal employees have the time or money to go through all of this on their own. With class actions, multiple plaintiffs can bring a lawsuit against one defendant as a group. The term for the group of people initiating the class action is, as you might imagine, a class. There are multiple advantages for plaintiffs who decide to sue the federal government as a class. For one, the court can resolve all of the plaintiffs’ claims against the federal government at one time, saving them time. Second, the plaintiffs can share the costs of litigation rather than having to shoulder all of the costs on their own. Third, only a few class members need to actively participate in the federal class action lawsuit. The others simply wait for the lawsuit to resolve. If the suit is successful, all plaintiffs receive a share of the final award. Requirements for Initiating EEOC Class Action Lawsuits Although there are advantages to bringing an EEO complaint as a class action lawsuit, but there are unique requirements as well. To become a class agent, the employee must consult with an EEO counselor within 45 days of the alleged discriminatory incident and request a class certification. A complainant may move for class certification at any reasonable point in the process where it becomes apparent that there are class implications to the claim raised in an individual complaint. If a complainant moves for class certification after completing counseling, no further counseling is required and an EEOC AJ makes a determination on the class certification. Then a formal class complaint must be signed by the class agent and filed within the regular 15-day timeframe, and must state the policy or practice adversely affecting the class as well as the specific action or matter affecting the class agent. In order to be certified as a class complaint, the complaint must meet the requirements of numerosity, commonality, typicality, and adequacy of representation. These requirements can be difficult to establish, and there are often other requirements that a class must demonstrate. Truth be told, class action lawsuits are quite difficult to navigate. Therefore, your best choice is to consider hiring a federal class action lawsuit attorney to represent you effectively. Let Us Represent You in a Federal Class Action Lawsuit If you are considering filing an EEOC class action complaint against your federal agency, then it is essential you find the right attorney. Many attorneys do not have the specialized experience needed to represent you in a class action lawsuit. Others may not have the best client reviews. Here at the Federal Employment Law Firm of Aaron D Wersing, PLLC, we genuinely care about helping our clients defend their rights. We are also passionate that they obtain the compensation that they rightfully deserve. On top of that, we have many years of experience assisting federal employees with all kinds of employment issues. Together, we can work to ensure that your federal class action lawsuit has the best chance of success. Don’t wait. Schedule a free consultation with us right away.Read More
Federal Employment Law Firm of Aaron D. Wersing
The Lawyers for Federal Employees
Federal employees have unique rights unlike other employees, and many of those rights are governed by specific laws that are unique to federal employees. At the Federal Employment Law Firm of Aaron D Wersing, our team of experienced federal employment lawyers is dedicated to helping federal employees understand and protect their rights.
Just like other employees, federal employees can face an array of challenges. When these challenges require you to file a lawsuit, an administrative complaint, or a claim for benefits, it is important that you have a knowledgeable advocate on your side.
The Federal Employment Law Firm of Aaron D Wersing has experience with all types of legal issues affecting federal employees, including disability claims, discrimination and harassment, whistleblower claims, retaliation, wrongful termination, and other adverse employment actions.
If you are a federal employee, the process for protecting your rights is different than for most employees in the private sector. It is important that you have an attorney with specific experience in federal employee law, not just general employment law.
Our practice is directly focused specifically on federal employee law.
Enforcing your rights as a federal employee frequently involves navigating various layers of bureaucracy.
Additionally, it can often be challenging to determine which agency is responsible for your specific type of claim and what process that agency requires you to comply with.
The Law Office of Aaron D. Wersing has experience working with numerous agencies across the federal government regarding federal employee issues. These issues can include complaints or claims involving:
- The Merit Systems Protection Board (MSPB),
- The Equal Employment Opportunity Commission (EEOC)
- The Office of Special Counsel (OSC)
- The Federal Employees’ Retirement System (FERS)
- The VA Office of Accountability and Whistleblower Protection (OAWP)
- The National Labor Relations Board (NLRB)
- The Federal Labor Relations Authority (FLRA)
When dealing with claims before these agencies, even small mistakes, such as missing filing deadlines, failing to gather adequate supporting documents, or filing a claim with the wrong agency can be costly.
Having an experienced federal employee lawyer on your side can make all the difference.
At the Federal Employment Law Firm of Aaron D Wersing, our team of federal employment attorneys is passionate about helping federal employees with any legal issues they may face. If you need help pursuing benefits you are entitled to or protecting your rights against wrongful conduct, contact us today.
How We Can Serve You
Meet Aaron Wersing
Federal Employee Attorney
Aaron Wersing is the founder of the Federal Employment Law Firm of Aaron D Wersing PLLC. His practice focuses solely on assisting federal employees in a broad array of litigation and transactional matters. Mr. Wersing’s practice includes the evaluation and resolution of a diverse variety of federal employment matters.
I can’t say enough good things about Mr. Wersing. He was dedicated to my case and because of his dedication he won my case. I was lost without him. I went to many attorney’s and all of them told me they were unable to help me because the government was to hard to fight against, but not Mr. Wersing. He knew his stuff . If your looking for an attorney who treats you like a person and just not like another number, Mr. Wersing is that attorney. He knows his stuff and will fight for your rights. I can never thank him enough.- Sandy | EEOC
Aaron Wersing is at the very top of every attorney I have met or dealt with. He is a patient, pleasant and professional attorney who is mission oriented and dedicated to get the job done. He helped me through a very arduous disability process allowing me to keep my self dignity and respect. I cannot imagine working with any attorney other than Aaron Wersing when applying for Fers Disability or any other employment & labor, employee benefits or workers compensation issues.- Howard M. | FERS Disability
Aaron is not only confident in getting things done, he is very compassionate and caring. He is a true fighter for what he believes is right. My case was a bit complicated but Aaron never backed down. Applying for OPM can be daunting and personal. Aaron has the ability to keep you focused and on track which means he understands how emotional it can be for somebody that has to retire due to medical conditions. Because of Aaron my OPM was approved the first time and we didn't have to do a reconsideration. If you want a good attorney that will fight for you, Aaron is your man. I will be forever thankful.- Tammy | FERS Disability
Our Federal Employment Law Library
Empowering Federal Employees To Know and Exercise Their Rights
No federal employee should have to deal with discrimination in the workplace. When workplace discrimination occurs at the hands of a supervisor, colleague, or contractor, federal employees can exercise their rights under the law and sue their employer. Yet many employees wonder, What does discrimination in the federal workplace look like? Federal law recognizes two major kinds of discrimination claims: disparate treatment and harassment. In addition, there are a number of personal traits or characteristics that it’s illegal to discriminate against. There are many examples of federal workplace discrimination. Sometimes federal employees experience shockingly overt and blatant discrimination. Other times, the discriminatory treatment is subtle. In this article, we’ll review the major kinds of discrimination claims and protected traits. However, if you think you are experiencing illegal harassment or discrimination in the workplace, you should contact a knowledgeable federal employment attorney right away. Workplace Discrimination Examples Discrimination commonly takes two forms: disparate treatment and harassment. Disparate treatment is when an employee is treated worse than other employees because of a protected characteristic, such as their age, sex, race, or religion. Examples of this kind of workplace discrimination can include any aspect of an employee’s federal employment: Not receiving a promotion because of your race, Facing termination because of your sexual orientation or religion, Receiving less pay for doing the same work because of your color or national origin, and Not getting the training you need because of your sexual identity. The other kind of common workplace discrimination is harassment. Harassment is offensive or unwelcome conduct that you have to endure when working or that is so severe or widespread that it creates a hostile work environment. Examples of this kind of discrimination in the workplace include: Regularly hearing slurs or offensive jokes related to your race or sex, Being called insulting names because of your sexual orientation, and Being physically assaulted or threatened because of your age or disability. These are just a few examples. The truth is that discrimination can take many forms. Keep in mind, however, that petty problems or one mildly offensive joke may not rise to the level of harassment. Characteristics That Are Protected From Illegal Discrimination Several characteristics or “bases” are protected under federal law. To constitute illegal discrimination, an employee must experience disparate treatment or harassment because of one of these characteristics. The characteristics include: Race, Religion, Color, National origin, Age (40 or over), Sex (including sexual orientation, gender identity, and pregnancy), Disability (physical or mental), and Genetic information, The law also prohibits your employer from retaliating against you for filing complaints or speaking up against discrimination. Discrimination that isn’t based on one of these protected traits might be annoying or improper, but it’s probably not illegal. For example, it isn’t illegal for your co-worker to dislike you because you support a different sports team or drink coffee instead of tea. Want to Learn More About Discrimination in the Federal Workplace? We know how damaging and upsetting it is to be the target of discrimination. We also know how isolated employees can feel when they’re experiencing discrimination. If you’re experiencing workplace discrimination, remember that you have rights. Here at the Law Office of Aaron D. Wersing, PLLC, we specialize in defending federal employees from all forms of discrimination. Our firm has many years of experience protecting employees, putting discriminatory federal employers in check, and ensuring our clients receive the compensation they deserve. Together, we can work to ensure that you receive a fair and nondiscriminatory work environment. We can also aggressively fight to obtain just compensation for your losses. Even if you aren’t sure whether you need an attorney or are facing discrimination, contact us today. All initial consultations are free, so you have nothing to lose. Don’t wait. Give us a call today at (833) 833-3529.Read More
It is well known that federal employment offers many valuable benefits. Chief among these benefits is the generous federal retirement package. The retirement program in the federal government is the Federal Employees Retirement System (FERS), which Congress created in 1986. In addition to retirement benefits, FERS features survivor death benefits in some cases. Specifically, FERS survivor benefits grant a certain percentage of a deceased federal employee’s annual benefit amount to a current or former spouse. This article will discuss the key details of federal retirement survivor benefits, but it is always a good idea to reach out to a qualified federal employment attorney for additional information. How Many Types of FERS Survivor Benefits Are Available? The recipient of a deceased federal employee can receive three kinds of benefits. The first type is the current spouse survivor annuity. As the name implies, this benefit is payable only to the person who was the current spouse of the federal employee at the time of the employee’s death. The second kind of benefit is an annuity for former spouses. The former spouse annuity can arise when the deceased employee voluntarily chose to establish it before their death. Alternatively, courts can also award annuities to former spouses through a divorce decree, provided it was granted after May 7, 1985. The third and final type of benefit is a one-time lump sum benefit. These three FERS survivor benefits are available only if the employee died while employed with the federal government. How Much Can a Current or Former Spouse Receive in FERS Survivor Benefits? As with many other aspects of federal benefits, the amount varies widely. The maximum payable survivor benefit amount is equal to 50% of the federal employee’s unreduced annual benefit. The federal employee’s annual benefit will depend on the deceased employee’s time in government service, age, and pay level. The federal employee has a large role in deciding how much their survivor benefits are, even to the point of deciding the spouse receives no survivor benefit. They can also elect for the spouse to have a partially reduced annuity or a fully reduced annuity. How Long Do FERS Survivor Benefits Last? Surviving spouse annuities (whether to former or current spouses) continue for the life of the spouse unless the spouse remarries before they reach age 55. There is an exception to this rule, however, if the spouse and employee were married for over 30 years. In that case, the spouse of the deceased employee will receive annuity payments regardless of whether they remarry or not. Curious to Learn More About FERS Survivor Benefits? It is very difficult it is to lose a spouse. We understand that sorting out financial matters is probably the last thing you want to deal with when your spouse passes away. On top of that, the world of federal retirement survivor benefits is often difficult to navigate on your own. If your deceased spouse was a federal employee, we can help ensure that you obtain the benefits that they intended you to have. Here at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we are dedicated to assisting with all kinds of federal employment matters. We care about all of our clients, and we are passionate about ensuring that they obtain the compensation they deserve. We have many years of experience successfully helping our clients—as our client reviews show. Together, we can work with you to help maximize your FERS survivor benefits. Many people wrongly believe that hiring an attorney will cost them a small fortune. However, we don’t want money problems to prevent people from reaching out and consulting us. That’s why all of our initial consultations are free. Don’t lose out on obtaining the federal retirement benefits you rightfully deserve. Contact us today.Read More