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:

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.

Meet Ellen Sprovach

Managing Attorney

Ellen Sprovach, Esq. is a board-certified managing attorney here at FEDLAW.

Meet Jacquelyn Trevino

Senior Attorney

Jacquelyn Trevino, Esq. is a senior attorney here at FEDLAW.

Meet Leah Badri-Moradi

Attorney

Leah Badri-Moradi, Esq. is a federal employment attorney here at FEDLAW.

Meet Patrick J. Paradise

Attorney

Patrick J. Paradise is a federal employment attorney here at FEDLAW.

Client Testimonials

  • 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

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Whistleblower Retaliation Examples in the Federal Workplace

Speaking up against wrongdoing takes courage—especially in the federal workplace. Employees who report misconduct, fraud, or safety violations expect their concerns to be taken seriously. However, some whistleblowers face retaliation from their agencies instead of being applauded for their honesty. Retaliation can take many forms, some more subtle than others. Understanding how retaliation can appear is crucial for federal employees to protect themselves and their careers. This blog post will explain what federal employees should know about illegal retaliation, offer common whistleblower retaliation examples, and discuss basic steps to take to protect yourself. Understanding Whistleblower Retaliation Whistleblower retaliation occurs when a federal agency punishes an employee because they reported wrongdoing. Under the Whistleblower Protection Act and other federal laws, it’s illegal to retaliate against federal employees who speak out about: Illegal retaliation against federal employees can take many different forms. In broad terms, agencies engage in unlawful retaliation when they take adverse action against an employee for whistleblowing. Many workplace retaliation examples focus on blatant adverse actions against federal whistleblowers, such as: However, many whistleblower retaliation cases involve more subtle forms of agency backlash. For example, some agencies may use performance evaluations as a tool for retaliation by suddenly marking an employee as “unsatisfactory” despite a history of strong work. Isolation and exclusion are another overlooked form of retaliation that federal employees can face. If your supervisors or colleagues suddenly stop communicating with you, remove you from key projects, or exclude you from important meetings, that could be a red flag pointing to retaliation. Other whistleblowers may be under excessive supervision, subject to unwarranted investigations, or face threats and harassment. Examples of Whistleblower Retaliation in the Federal Workplace To better understand what whistleblower retaliation can look like, consider the following scenarios. VA Nurse Faces Sudden Reassignment After reporting patient neglect at a Veterans Affairs (VA) hospital, a nurse suddenly finds themselves reassigned to administrative duties. While they used to be responsible for direct patient care, the nurse was suddenly assigned exclusively to clerical work without any explanation. The reassignment out of a position actively practicing medicine limits their career prospects and job satisfaction. IRS Employee Endures an Internal Investigation An Internal Revenue Service (IRS) employee uncovers tax fraud within their department and follows proper channels to report it. Shortly afterward, they become the subject of an internal investigation based on vague accusations. Their colleagues are warned to avoid contact with them, and they are placed on administrative leave pending the outcome of the investigation. Federal Scientist Excluded from Critical Work A scientist at a federal agency raises concerns about manipulated research data used to support a policy decision. Soon after, they are removed from key projects and denied access to important research meetings. The agency quietly cuts the scientist’s funding, leaving them with little work to do and effectively stalling their career. What to Do If You Face Retaliation After Whistleblowing If you believe you are experiencing whistleblower retaliation, it is essential to act quickly. Here are some steps you can take to protect yourself: These steps can help protect your future livelihood and hold agencies accountable for their unlawful actions. Protect Yourself and Your Federal Career  No federal employee should suffer retaliation for doing the right thing. If you believe your agency has taken action against you for reporting misconduct, you don’t have to face it alone. Recognizing whistleblower retaliation examples is the first step, but taking action is crucial. The Federal Employment Law Firm of Aaron D. Wersing PLLC helps whistleblowers fight against retaliation and protect their careers. Our team can assist you in gathering evidence, filing claims with the appropriate agencies, and pursuing legal remedies to secure your rights. Contact us today for a confidential consultation and take the first step toward justice.

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Overview of COLA for Federal Employees

Annual cost-of-living adjustments (COLA) safeguard the financial security of federal retirees and their loved ones. Every year, the government calculates and pays out COLA to help offset the toll that rising inflation takes on federal retirement benefits.  Most federal employees enjoying or approaching retirement recognize the importance of COLA. However, understanding how to calculate it isn’t always so straightforward.  In this blog post, we’ll discuss how cost-of-living adjustments work for federal employees. We’ll answer some common questions, including: Remember, always speak to a professional if you have specific questions about your federal employment benefits. An attorney trained in federal employment law is the best resource for qualified advice tailored to your unique situation. What Is the COLA for Federal Employees Based On? Annual cost-of-living adjustments for federal retirement benefits are tied to the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). The CPI-W measures the change in consumer purchasing power over time. To do this, the Department of Labor’s Bureau of Labor Statistics (BLS) collects monthly data on the cost of goods and services across the country. This includes information about the cost of food, housing, clothing, transportation, healthcare, education, recreation, and utilities. The Department of Labor uses this data on the inflation rate to make decisions about monetary policy and salary increases for civil servants. Since COLA aims to protect federal retirement benefits from eroding due to inflation, the CPI-W is an essential factor in the yearly cost-of-living adjustment calculator. Close to the end of the calendar year, the economists at the BLS compare the CPI-W from July, August, and September to the CPI-W from those months in the year before. Based on the rate of change in consumer prices, the BLS calculates whether eligible federal retirees can receive a COLA.  For example, in December 2023, the federal government announced the year’s COLA payments based on the change in CPI-W from the third quarter of 2022 to the third quarter of 2023. Retirees and beneficiaries eligible for COLA should have received their payments in January 2024. Is COLA the Same for All Federal Employees? No. The amount of COLA you’re eligible for depends on your federal retirement plan. Let’s break down the two major types of retirement systems that federal employees fall into. Federal Employees Retirement System (FERS) FERS is the current plan for managing retirement benefits for federal employees. It became effective in 1987 for all federal employees hired after 1983.  For FERS beneficiaries, COLA payments can be broken down as follows: In all cases, the amount of a COLA is rounded down to the next whole dollar.  Civil Service Retirement System (CSRS) You may be enrolled in the CSRS if you’re a long-time federal employee who began working before 1984. COLA calculations are simpler for CSRS employees. The adjustment is always equal to any positively calculated increase in CPI-W.  The COLA for federal employees in 2024 granted FERS beneficiaries an increase of 2.2%. For CSRS beneficiaries, the adjustment was 3.2%. To receive the full COLA payment, you must have been in retirement and receiving benefits for the full calendar year. If you retired within the last year, your COLA amount will be prorated. For example, imagine you retire in February 2024. By January 2025, when COLA is paid out, you’ll have been retired for 10 out of 12 months of the fiscal year, so you’ll receive ten-twelfths of whichever COLA payment you’re entitled to. Who Can Receive COLA? Eligibility for COLA also differs between the two federal retirement systems.  Under the current FERS plan, you’re eligible for COLA if you are: However, under CSRS, all retirees and eligible survivors can receive cost-of-living adjustments to benefits, regardless of age.  Questions About Your Federal Benefits? We Have Answers Navigating federal retirement plans can be overwhelming. Since cost-of-living adjustments change yearly, ensuring you’re receiving the benefits you’re entitled to can be challenging. If you have questions, don’t settle on generic advice from any employment lawyer. Contact the Federal Employment Law Firm of Aaron D. Wersing for qualified, reliable support from a trained federal employment lawyer. For years, our team of legal professionals has been helping shed light on the ins and outs of FERS and CSRS for beneficiaries and their loved ones. Our advocates can help you understand the rights granted by your federal retirement system and ensure you’re fully compensated for your years of service. To schedule a consultation, contact our office by phone or online.

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Can You Still Work While on FERS Disability?

Many federal employees rest easy knowing they have a disability retirement option in the federal government. Under the Federal Employees Retirement System (FERS), employees who are unable to perform their job duties due to a medical problem may be eligible for disability retirement. However, that doesn’t always mean you have a secure financial future. Most civil servants need additional income to supplement their federal disability payments. Despite this need, many federal employees choose not to work because they think having another job will make them ineligible for disability retirement benefits. But this raises some important questions. Can you still work while applying for disability benefits? Can you still work while on disability? The answer is that you can work while on FERS disability under certain conditions. Read on to learn more about the rules and regulations governing working while on FERS disability. We’ll separate the myths from the facts so that you can take action to secure your future.  Overview of FERS Disability Retirement FERS provides a comprehensive retirement and disability program for federal employees, including disability retirement benefits. You need to fulfill two requirements to be eligible for FERS disability retirement. First, you must have completed at least 18 months of creditable federal civilian service. Second, you must suffer a disability that makes you unable to successfully perform your job duties. The second requirement can take some time to complete because agencies will try to provide you with reasonable accommodation first. Your agency may also try to reassign you to another position. The Office of Personnel Management (OPM) is responsible for processing disability retirement applications and making determinations on eligibility. An employee approved for FERS disability retirement will receive a monthly annuity payment based on their length of service and the highest three years of average pay. Can You Still Work While on FERS Disability? So, can you work while on federal disability? Yes. As OPM itself makes clear, federal employees who receive FERS disability retirement benefits can generally work in the private sector without seeing a loss of their benefits.  That said, there are restrictions on how much income they can earn from their employment. OPM sees federal employees in either one of two categories. If you are under age 60, OPM will stop paying your disability annuity if they determine you can earn a certain level of income. That amount is 80% of the current rate of base for the position you had when you retired. OPM will send you a survey form called “Annuitant’s Report of Income.” In this survey, you must state all income earned from wages and self-employment. If you hit the 80% threshold, you will lose your disability benefits. You won’t lose your benefits immediately. Instead, you will not receive those benefits for six months after the end of the year that you hit the 80% mark. There are no earnings limits for federal employees who receive Social Security Disability Insurance (SSDI) benefits in addition to FERS disability retirement benefits. However, they must still meet the eligibility requirements for both programs and report their earnings to both the OPM and the Social Security Administration (SSA). Situations That May Cause You to Lose Your Disability Benefits OPM guidance specifies that you can lose your benefits in several other ways. One trigger for losing benefits is regaining employment in a position similar to your prior federal position. Another way involves periodic medical reviews. OPM will periodically review your disability eligibility. If they decide to review your case, they will ask you to obtain updated medical paperwork from your doctor. They will also inquire about your employment status. If your doctor communicates that you no longer have a disability, your disability payments will end. Furthermore, if you fail to respond to OPM’s requests, they will suspend your disability benefits.  What If I Am Age 60 or Older? If you are 60 or older, the situation changes significantly. OPM will conduct a periodic medical review only at your request. Moreover, the 80% threshold mentioned earlier in this article will not apply. That means you can work a private job paying more than your former government job while receiving your disability annuity. How to File for FERS Disability Retirement To apply for FERS disability retirement, federal employees must complete and submit Form SF 3107, Application for Immediate Retirement. You’ll also need to submit supporting medical documentation and other required forms. You send the application to your agency, which will forward it to OPM for review and determination. The application process for FERS disability retirement is often complex and time-consuming. Working with an experienced FERS disability retirement lawyer can help ensure your application is successful. Related Article: What Is The FERS Disability Processing Time? What About CSRS Disability Retirement? While this article has focused on FERS disability retirement, it’s important to note that it doesn’t cover all federal employees. A few, more senior employees may fall under the old Civil Service Retirement System (CSRS). The CSRS has a separate disability retirement program with its own set of limitations. Contact us today to learn more about your disability retirement options under the CSRS. Let Us Help You Overcome Federal Disability Retirement Challenges– Contact Our FERS Disability Lawyers Today If you are a federal employee considering applying for FERS disability retirement, you need legal assistance. You will probably also benefit from a lawyer if you are on disability retirement benefits and interested in working. In either scenario, the Federal Employment Law Firm of Aaron D. Wersing, PLLC, can help. Our experienced attorneys specialize in representing federal employees in a wide range of legal matters. In addition, we pride ourselves on providing incredible customer service and excellent outcomes. Reach out to us today.

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