Sep 15, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Bullying In The Workplace Under Federal Law

If you have suffered bullying in the workplace, you might be able to receive relief under federal law if the bullying has certain characteristics. As a federal employee, you can maintain legal action for bullying if that bullying also qualifies as harassment under Title VII of the Civil Rights Act, the Americans with Disabilities Act, or the Age Discrimination in Employment Act. If you are unsure if bullying at work is actionable, don’t resign yourself to the stress and fear, contact an experienced workplace bullying lawyer immediately for help. Is Workplace Bullying Illegal? It depends. Federal law on workplace bullying are really laws against harassment. Employment bullying qualifies as illegal harassment if it’s a condition to continue your employment or it’s severe and pervasive enough for a reasonable person to consider it hostile. Bullying cannot be illegal harassment unless it’s unwelcome conduct motivated by one of the following factors: Your employer can be guilty of harassing you for being a member of a protected group mentioned above or for perceiving you to be a member of a protected group. Your employer can be liable for harassment committed by a supervisor, one of their agents, a co-worker, or a non-employee. You also don’t have to be the person harassed to maintain a legal action. If harassment of another person affects you, you could have a claim. Can I Sue for Workplace Bullying? You may be wondering, can I sue for workplace bullying? Yes. Legal action against workplace bullying is available to you if the bullying fits the definition of harassment under federal law. However, federal employees can bring workplace bullying lawsuits only after they have followed the steps to make an administrative complaint with the federal Equal Employment Opportunity (EEO) office. What Is the Procedure for Filing Workplace Bullying Complaints and Workplace Bullying Lawsuits? There are many steps on the way to filing a lawsuit against your employer for harassment. Suing for workplace bullying can be a complicated process, and a lawyer for workplace bullying can help you fulfill every step. Filing a Workplace Bullying Complaint If you are a federal employee, bullying in the workplace law requires that you first reach out to an EEO counselor at your employer’s agency within 45 days of suffering harassment. You can either take part in counseling or alternative dispute resolution (ADR). If ADR or counseling doesn’t solve the problem, you can file a formal complaint with your agency’s EEO office. You have 15 days after receiving an EEO counselor’s filing notice to file a complaint. The agency can either dismiss your complaint for procedural reasons, or conduct an investigation. The agency has 180 days to investigate. After investigating, the agency gives you a notice about asking for a hearing or issuing a decision about whether there was discrimination. If you want a hearing, it is held before an administrative law judge. You have 30 days from the agency’s hearing notice to file for a hearing. You can request a hearing in writing or online. After the judge makes a decision, the agency gets 40 days to decide if they are going to grant you relief that the judge orders. This decision is called a final order. If you don’t agree with the final order, you can request an appeal within 30 days. You can also ask for reconsideration of the appeal decision within 30 days. If you follow the procedure correctly, you have many chances to get justice against harassment. An experienced attorney for workplace bullying can preserve your rights at every level of the process. Filing a Workplace Bullying Lawsuit Once you have been through the administrative complaint and appeals process, you can file a bullying-at-work lawsuit. There are a number of different times when you can file a lawsuit, depending on the situation. To file a lawsuit against your employer for violating laws against workplace bullying, you have to follow these timelines: A workplace bullying attorney can determine if the time is right for you to file a lawsuit and champion your rights to a safe workplace in court. If you are curious about workplace anti-bullying laws by state, many of them are similar to the federal laws (though deadlines and procedures vary). But you must follow the federal procedures above if you are a federal employee. Contact Our Federal Employment Attorneys for the Protection You Need Please remember that you don’t have to endure every hostile behavior at work to receive a paycheck. The workplace bullying lawyers at the Federal Employment Law Firm of Aaron D Wersing PLLC are experienced in federal employment law and dedicated to protecting federal employees’ rights. Contact us online or call us at 866-508-2158 for the guidance and protection you need.

Sep 14, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | MSPB

What If I Miss the Deadline for Filing an MSPB Appeal?

The Merit Systems Protection Board (MSPB) appeals process is vital for defending federal employees’ rights. But as with all other legal processes, the MSPB appeal timeline is strict. For various reasons, it’s not uncommon for workers to inadvertently miss the deadline to file an MSPB appeal. If you find yourself in this situation, don’t panic. Even if you miss a deadline, there are situations in which you can nevertheless submit your MSPB appeal successfully. We will explore some of these situations in this article. However, it’s essential you phone a federal employment attorney immediately if you miss your appeal deadline. Having legal representation may make all the difference between a triumphant appeal and a ruined career. Understanding the MSPB Appeal Deadline Process Federal employees may know that the MSPB allows them only 30 calendar days to file an appeal. However, what most people don’t know is when that 30-day window begins. Under federal regulations, the 30-day period begins either on the effective date of the action or on the date of receipt of the agency’s decision. However, if the two conditions happen on different days, then the 30-day period begins on the day the last event happens. Let’s use an example to illustrate this point. On June 1, Joe receives a decision letter notifying him that he will be removed from the federal government on June 5 for alleged insubordination. Because the effective date of Joe’s removal is June 5, he has until July 5 to submit his appeal. Conversely, if Joe was effectively removed on June 5 but did not receive the decision letter until June 8, he has until July 8 to file his appeal. You should also remember a key point about holidays and weekends. If the 30th day of the appeal window falls on a weekend or federal holiday, then the window extends until the next working day. So if Joe’s 30-day window was scheduled to end on Wednesday, December 25, he would actually have until the following day to file his appeal. Exceptions to the Thirty-Day Rule Even if you miss your filing deadline, there are three situations in which the MSPB will hear an untimely appeal. The first situation occurs when a statute or regulation allows the courts to waive the deadline. For instance, MSPB regulations state that the 30-day deadline will be automatically extended to 60 days if you and your agency agree in writing to resolve your dispute with an alternative dispute resolution process, such as mediation or negotiation. The second situation applies when the agency fails to inform you of your appeal rights. This situation happens quite often because of clerical errors or oversights in the agency decision letters. Without being notified of your appeal rights, you have little or no information about how to contest their decision. Consequently, the law will excuse your delayed filing if you can show your agency did not inform you of your appeal rights. The third and most rare exception occurs when you rely on an erroneous statement by your agency, which causes you to miss the MSPB appeal deadline. For instance, let’s imagine that a postal service worker named Jane is told by her agency that she has 45 days to appeal her removal to the MSPB appeal. She filed her appeal 38 days later, at which point she learned that the real deadline for filing an MSPB appeal was 30 days after her removal. Although Jane’s appeal is technically untimely, her delay was really the result of her agency’s misinformation. What Do I Do If I Miss a Filing Deadline? The first thing to do if you miss your deadline to file an MSPB appeal is to get legal help. A federal employment attorney can help you explore your options. In addition, they can help you successfully petition the MSPB to waive your deadline. Second, try to determine why you did not file the appeal. Was it because you misunderstood your appeal rights? Did your agency properly inform you of the relevant deadline? Or did someone give you misinformation that led you astray? Whatever the case may be, make sure you save any relevant documentary evidence. Did You Miss a Filing Deadline? We’ll Do Our Best to Preserve Your Rights Our attorneys at The Federal Employment Law Firm of Aaron D. Wersing PLLC are passionate about defending your rights. That means doing everything we can to give you the opportunity to appeal disciplinary action. Over the years, we have helped countless employees file successful appeals past the applicable filing deadlines. When you consult with us, we’ll help develop a strategy to try to save your case. Along the way, we will work to provide you with outstanding customer service. Contact us today so we can work together to set your MSPB appeal back on track.

Sep 13, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | MSPB

Can Federal Employees Be Disciplined for Lack of Candor?

We all know that lying to your supervisor or another federal employee can lead to big trouble. But what happens when a federal employee does not lie but fails to share everything they know? Can you be punished for withholding information? The short answer is yes. The charge for this kind of situation is called “lack of candor,” and lack of candor can lead to discipline. Agencies tend to use “lack of candor” when they can’t charge an employee with the more serious charge of “falsification.” But where falsification involves a federal employee who actually lies, lack of candor federal employee centers around the employee’s failure to be forthright. While less serious than falsification, lack of candor discipline can lead to a serious black mark on your federal record, and for some employees such as law enforcement officers, can end one’s career. For that reason, you should consult a dedicated federal employment attorney if you are facing a lack of candor charge. Lack of Candor Meaning What does lack of candor mean? While it is one of the most common misconduct charges seen in the federal workplace, it is hard to describe lack of candor. A legal definition of the concept is hard to find. Instead, many legal practitioners treat lack of candor as a broader concept—one which involves a failure to disclose something which should be disclosed to make a statement accurate and complete. Because of its somewhat ambiguous meaning, some federal supervisors use lack of candor as a catch-all charge to throw at an unpopular employee. This behavior is especially common when a supervisor is harassing or retaliating against an employee that they do not like. What are the Elements of a Lack of Candor Charge? The Merit Systems Protection Board (MSPB) has said there are two main elements of a lack of candor federal employee charge. First, the employee must give incorrect information or incomplete information. Second, the employee must give incorrect or incomplete information knowingly. Accidentally giving an investigator information that later turns out to be incomplete or incorrect cannot lead to a valid lack of candor charge. What Is the Difference Between Lack of Candor and Falsification? As we stated above, lack of candor only involves concealing information or giving incomplete information. Falsification requires an affirmative misrepresentation, a lie. To prove a falsification charge, the agency needs to establish that you had a specific intent to deceive. But proving someone’s intent is quite difficult to do. Consequently, agencies face an uphill battle when charging employees with falsification. Unlike falsification, lack of candor does not have an intent element. All the agency has to prove is that you knew that the information you were giving was incorrect or incomplete. This is significantly easier than proving you had a specific intent to deceive. This is another reason that agencies tend to charge employees with a lack of candor rather than falsification. It’s simply easier for them to make the charge stick. How Do You Prove a Lack of Candor Charge? The standard of proof for a charge is the amount of evidence the government needs to produce to win its case. For most charges, including lack of candor, the standard of proof is preponderance of the evidence. This means the agency only has to convince a fact-finder that the alleged conduct was more likely than not to have occurred. That is a relatively low standard, making it easy for the agency to prove its case against employees without legal assistance. That issue aside, lack of candor cases almost always involve a credibility determination. In other words, it requires the judge to decide whether the employee accused of wrongdoing seems trustworthy when they give their version of the facts. The presence or absence of other evidence is also critical. Are there multiple documents with your signature that make contradictory statements? Did any witnesses hear you make two different claims at various times? These types of evidence can single-handedly change the outcome in a lack of candor case. A skilled attorney will interview witnesses and collect evidence that supports your testimony. That is one of many reasons that having an attorney at your side is absolutely essential if you have been charged with lack of candor. Are There Any Defenses to a Lack of Candor Charge? Yes. One defense is that you did not know that the information you related was incomplete or incorrect. Maybe you did not recall the information or did not fully understand the question. Alternatively, you can assert that your agency acted against you because of illegal discrimination. Illegal discrimination includes any different treatment based on certain protected characteristics. A few examples of protected characteristics include race, sexual identity, gender, sexual orientation, disability, and military service. When you meet with a federal employment attorney, they will most likely ask you if you can think of similar employees who have received different treatment. If you can think of those kinds of employees, it may be a sign of illegal discrimination in your case. What Are My Rights If I Have Been Charged with Lack of Candor? As a federal employee, you have several basic due process rights. Whether your employer charges you with lack of candor or another charge, they must generally do three things. First, they must give you at least a 30-day advance notice regarding any proposed adverse action. Second, they must give you a specific and detailed description of your alleged misconduct. Third, they must give you the right to review the materials relied on to propose the action and a meaningful opportunity to defend yourself. If you do not receive these due process rights, a judge may overturn the agency’s action even if they meet their burden of proof. If the discipline is sustained, you may be able to appeal to the MSPB, or pursue remedy through EEO our OSC routes. We Can Help You Defend Yourself Against a Lack of Candor Charge! Call Our Office Today If your supervisor has charged...

Sep 8, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | MSPB

What Does the MSPB Have Jurisdiction Over?

The Merit Systems Protection Board (MSPB) is an independent government agency that plays a federal role in protecting the rights of federal employees. Specifically, it evaluates claims of prohibited personnel practices while also adjudicating the appeals of federal employees. Although federal employees can submit complaints to other agencies like the Equal Employment Opportunity Commission (EEOC) and the Office of Special Counsel, the MSPB is the primary group responsible for protecting federal employees against improper or discriminatory discipline. Consequently, every federal employee needs to understand what the MSPB has jurisdiction over. If you’re currently appealing an adverse action or considering filing an MSPB appeal, you’ll want to read this article to grasp what is and is not within the MSPB’s jurisdiction. You’ll also want to reach out to an experienced MSPB attorney today to make sure your rights are protected. What Is Jurisdiction? Merriam-Webster defines jurisdiction as “the power, right, or authority to interpret and apply the law.” Jurisdiction is a powerful concept in the legal world. Before anything else, a court must have the undisputed ability to hear a claim. If the court does not have jurisdiction, then it is impossible for either party in a lawsuit to prevail. Consequently, jurisdiction is one of the biggest factors attorneys consider when they meet with a client. The law empowers different courts with different kinds of jurisdictions. For instance, state appeals courts have appellate jurisdiction—or the power to evaluate the decisions of a lower state court. Federal courts have federal jurisdiction, while state courts have state jurisdiction. Most courts need three kinds of jurisdiction to hear a case: For specialized judicial agencies like the MSPB, there are specific limits to the kinds of appeals it can hear. What Kinds of Appeals Are Not Within the MSPB’s Jurisdiction? By federal law, the MSPB has appellate jurisdiction over most adverse actions taken by federal agencies against their employees. However, there are many kinds of appeals that fall outside the MSPB’s jurisdiction. Minor Disciplinary Actions The MSPB has jurisdiction to hear appeals of adverse actions. Adverse actions include things like removals, suspensions longer than 14 days, and losses of grade or pay. Short suspensions, reprimands, and letters of warning do not qualify as adverse actions. Therefore, a federal employee cannot appeal these actions to the MSPB. Appeals Brought by Probationary Employees All federal employees undergo a probationary period when they first join the federal service. Typically, this probationary period lasts between one and two years. During this time, federal employees have fewer rights, which means their employer can fire them more easily. Consequently, probationary employees cannot file an appeal to the MSPB even if they are the target of a removal action or a long suspension. That said, there are two exceptions to this rule. The MSPB will hear the appeals of probationary employees if those employees assert that their employer disciplined them either because of their partisan political beliefs or because of their marital status. Complaints Brought by State-Government or Private-Sector Employees The MSPB can only hear the appeals of federal employees. Every state in the US has its own unique system of evaluating the complaints and dismissals of state government employees. Accordingly, state employees must follow their state’s respective appeals system. Most private-sector employees have few or no appeal rights, though they can file discrimination and harassment complaints with the EEOC. Wondering If the MSPB Has No Jurisdiction Over Your Appeal? We Can Help. Now that you know the phrase “no jurisdiction” and its meaning, you may be curious about the consequences for your situation. Perhaps you are a probationary employee who was recently fired. Or maybe you believe your employer discriminated against you when it suspended you for seven days. While you may not be able to file an MSPB appeal, you may have other legal options. Our attorneys at the Federal Employment Law Office of Aaron D Wersing PLLC focus solely on representing federal employees. That means they understand all the nuances of federal employment law. When you set up a consultation with us, we can help you understand your legal options and give you the five-star representation you deserve. Call us today or visit our website to set up your initial consultation.

Sep 4, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | MSPB

When to Consider Filing an MSPB Appeal

Have you been the target of a long suspension, demotion, or removal action? If so, then you most likely have an opportunity to file an appeal with the Merit Systems Protection Board (MSPB). Participating in the MSPB appeal process is one of many rights you enjoy as a federal employee. This appeal provides you the opportunity to contest a personnel action taken against you by your employer. Filing an MSPB appeal is a great option if you think your employer acted against you for unlawful or unfair reasons. On the other hand, filing an MSPB appeal takes ample amounts of time and planning. Many times, you may just not know what to do. This article will help you evaluate several relevant factors that can assist you with deciding your next steps. However, your best course of action is to contact an outstanding federal employment attorney like those found at the Federal Employment Law Firm of Aaron D Wersing PLLC. An Overview of the MSPB Appeal Process The first step in your decision-making process should be to understand the MSPB appeal procedures. The appeal process begins when your agency levies an adverse action against you. The phrase “adverse action” is a legal term of art that refers to any of the following: The disciplinary process begins when you receive a notice of proposed disciplinary action. However, your MSPB appeal timeline starts when you receive a decision letter from your agency, and it affects the adverse action. In most cases, you have 30 days to appeal the disciplinary action to the MSPB. If you choose to file an appeal, you can opt to receive a hearing before an administrative judge. During this hearing, your employer will have to prove by a preponderance of the evidence that you carried out the alleged misconduct. At the hearing, you will have the opportunity to call witnesses, produce favorable evidence, and cross-examine your employer’s witnesses. The law also grants you the right to receive legal representation throughout the entire appeal process. How to File an MSPB Appeal Another relevant factor to consider is the difficulty of actually filing an MSPB appeal. You can file an MSPB appeal by using the Board’s e-Appeal portal. Alternatively, you can complete and file an MSPB appeal form by mail or in person. However, we generally recommend that federal employees use the e-Appeal portal. In addition to being quicker and more efficient, this portal provides you with some minimal guidance on how to submit a successful appeal. Whatever path you choose, it’s vital you include all the information required under federal regulations. If you omit any of this information, then the Board will likely dismiss your appeal on procedural grounds. Once you file your MSPB appeal, the agency will provide you with an acknowledgment order. From there, you will have an initial status conference with the administrative judge to discuss things like settlement, discovery, and the hearing date. Can I Represent Myself in an MSPB Appeal? Yes. Nothing stops you from acting as your own representative. However, we recommend that you obtain legal counsel for several reasons. For one, it’s very difficult to navigate the MSPB’s regulations on your own. By contrast, most federal employment attorneys have years of experience representing clients before the MSPB. That means they know every twist and turn of the process. Another reason why you should obtain legal counsel is because they can apply their specialized legal training to effectively present your case before the MSPB judge. This maximizes the chances of a successful appeal, which will protect your career and reputation. Finally, having an attorney handle your case helps reduce your stress and workload. Still Not Sure Whether You Should File an Appeal? Contact Us for a Free Initial Consultation. At the end of the day, it’s always better to file an MSPB appeal rather than stay quiet. Even if you believe you deserved the adverse action, an appeal before the MSPB may reveal that your employer acted for unfair or discriminatory reasons. If you’re on the fence about filing an MSPB appeal, you should obtain legal counsel right away. As mentioned earlier, you have only approximately 30 days to file. So act quickly to make sure that you are making the right choice. Here at the Federal Employment Law Firm of Aaron D Wersing PLLC, our top priority is protecting federal employees. We understand the overwhelming sacrifice that public servants make for their country. Because of that, we want you to be fully aware of your rights and legal options. At your initial consultation with us, we’ll review your case with you so you can make the right choice. Contact us today to set up a free initial consultation and get the legal advice you need.

Aug 30, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Harassment

5 Steps to Take After Facing Harassment in the Federal Workplace

Hostile workplace harassment is any discriminatory behavior that creates an offensive work environment or unreasonably interferes with your work performance. It can take on endless forms. However, it often has the same debilitating effects. Maybe you find it impossible to get out of bed in the morning. Or suffer panic attacks in the office. Whatever the situation, you aren’t powerless. If you think you’re dealing with harassment in the federal workplace, it’s vital you act immediately to protect yourself and uphold your rights. We’ll explore these steps in detail in this article. If you still have questions about your situation or what to do about harassment, contact our outstanding team of federal employment attorneys today. Five Steps to Take When Being Harassed in the Workplace Addressing workplace harassment is crucial to ensure a safe and respectful environment. Here are five steps a federal employee should take if they believe they are experiencing harassment. Step #1: Document Everything As soon as you believe you’re experiencing harassment, it’s crucial to begin documenting each event meticulously. Note down the date, time, and location of the incident. Record the names of the individuals involved and any potential witnesses. Describe the event in detail, noting the context and any triggering events. Next, keep any tangible or electronic evidence. Potential examples include things like inappropriate text messages, emails, or gifts. It’s also useful to take screenshots of digital evidence. This is an important practice because electronic data can frequently vanish unexpectedly. Finally, be consistent in your documentation efforts, even if you’re unsure about what to do or what you’re experiencing. Over time, these records can help establish a clear pattern of behavior. Evidence of such a pattern is often invaluable if legal or disciplinary actions arise down the road. Step #2: Consider Speaking with the Responsible Party Occasionally, harassment can stop simply by telling the harasser. After all, the bad actors may think they’re being funny, or maybe they don’t have the social awareness to see the impact of their actions. So, by directly confronting them, you can bring their attention to the matter and possibly resolve their bad behavior. Only do this if you feel there is little or no downside in doing so. If confronting the individual is unsafe or if their behavior continues despite a discussion, it might be time to move to the next step. Step #3: Consult Your Agency’s Handbook or Policy Manual Review your agency’s policies and guidelines on harassment before taking any formal action. This will provide insights into the defined procedures for reporting and addressing your concerns. It will also minimize the chances that you make a procedural error that jeopardizes your complaint or delays effective action. In addition, look into how your agency handles confidentiality in harassment complaints. It’s vital to understand your rights and what information might be shared with others. Step #4: Report the Harassment Once you understand your agency’s relevant procedures, it’s time to take formal action. Notify your supervisor or the appropriate point of contact designated by your agency’s handbook or policy manual. If the harasser is your direct supervisor, find out if there’s a procedure in place for reporting to someone else. Agencies often designate a second-line or third-line supervisor as an alternate point of contact. In any case, it’s essential to report harassment as soon as possible. Step #5: Seek Support and Legal Counsel Understand that dealing with workplace harassment can be a long process. Therefore, it’s a great idea to lean into your support network for moral support and insights on how to navigate the situation. Also, reach out to an experienced employment attorney. Legal counsel is especially important if your employer is not addressing your complaint or retaliating against you. Let’s Work Together to Hold Your Employer Accountable and Make Your Workplace Safe Again No federal employee should suffer harassment. On the contrary, every public servant deserves a workplace free from discrimination, harassment, and unfair practices. If you feel you are suffering harassment in the federal workplace, stand up to defend your rights and protect your well-being. The Federal Employment Law Firm of Aaron D. Wersing PLLC is not just another law firm. When you retain us, you gain more than just a talented legal representation. You gain a partner who is dedicated to ensuring your voice is heard and your rights protected. We offer free initial consultations, so reach out today. Contact us now and embark on the journey toward justice and peace of mind.

Aug 29, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

Conduct Unbecoming Charges for Federal Employees

There’s an almost endless number of disciplinary charges that you can face in the government. Together, these various charges cover almost the whole range of possible behaviors that justify disciplinary action. However, federal agencies will sometimes use the more general charge of “conduct unbecoming” against employees for situations not specifically covered by other rules. Facing this charge is tricky because the legal analysis has a couple of unique wrinkles. We’ve prepared this article to help equip you with the information you need to understand this charge and craft a solid defense. That said, if your federal employer charged you with unbecoming conduct, contact one of our outstanding MSPB attorneys immediately. What Is Conduct Unbecoming for an Employee? “Conduct unbecoming” has a simple definition: any behavior that your employer believes negatively affects your work. Thus, in contrast to most disciplinary charges, conduct unbecoming is a non-specific charge. This has some potent legal implications. For one, it means that the charge has no specific elements. All your employer has to do is show that you committed the alleged conduct and that the conduct negatively affected your employer in some way. The Merit Systems Protection Board (MSPB) has previously tried to give some definition to the phrase “conduct unbecoming of a federal employee,” saying that it must somehow be “unattractive” or create “an unfavorable impression.” But there’s an obvious problem here. Not everyone will agree on what creates an unfavorable impression. For instance, your neighbor might find it offensive for you to listen to hip-hop music in your garage, even though most people have no problem with it. Unfortunately, this inherent ambiguity allows bad actors to use this charge to persecute federal employees for illegal and discriminatory reasons. Examples of Conduct Unbecoming Fortunately, the MSPB often reviews cases involving allegations of conduct unbecoming a federal employee. Let’s review these examples to get a sense of what this term actually means in real-world situations. In 1992, the MSPB affirmed the agency’s charge of conduct unbecoming after an employee killed a deer with his government vehicle. A few years later, the MSPB upheld a conduct unbecoming charge against an employee who spoke to one of his subordinates in a physically intimidating and threatening way. The charge has also been successfully used against a supervisor who sexually harassed co-workers and other agency employees. Therefore, your agency might use that charge against you for things like swearing in the workplace or pranking a co-worker. What Do I Do If My Employer Charges Me with Conduct Unbecoming? There’s actually a wide variety of strategies you can use to defend yourself against a charge of conduct unbecoming. First, you can contest the underlying behavior. In many cases, this is the easiest strategy to pursue because it saves you the need to argue about whether the behavior was actually “unbecoming.” Alternatively, you can attack the charge on due process grounds by arguing that the accusations are too vague to allow you to defend yourself. When you read the proposal letter, check whether your agency included the following: If the charge is missing one or more of these elements, then you may be able to mount a successful due process defense. You can also defend yourself on due process grounds if your agency doesn’t let you respond to the charge or fails to show you the evidence it relied upon. Finally, you can defend yourself by asserting that your agency is taking action for discriminatory or harassing reasons. Whatever defense you think might be best in your case, you should consult a qualified federal employment attorney right away. Let Us Give You the Legal Service and Service You Deserve It’s hard to overestimate the importance of your federal career. If your employer successfully charges you with conduct unbecoming, it can leave a black spot on your record that can torpedo your future opportunities. Don’t let that happen. Instead, defend your rights and clear your name. If you’re defending yourself against any kind of federal discipline, don’t go it alone. Let the Federal Employment Law Firm of Aaron D. Wersing PLLC be your guide. Our dedicated team is here to ensure that you’re safeguarded against any conduct unbecoming charges and that your employer respects your rights as a federal employee. We recognize the immense contribution federal employees make to our nation through public service. Consequently, it’s our priority and passion to help you uphold the integrity of your career. Because of our deep-rooted commitment to supporting federal employees, we proudly offer complimentary initial consultations. So don’t hesitate to reach out for the assistance you deserve. Connect with us today by calling us or reaching out online.

Aug 28, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Federal Employee Misconduct

No federal employee ever wants to receive an accusation of misconduct. As you can imagine, it can lead to all kinds of negative consequences. In the worst-case scenario, it can even derail your entire federal career. That said, it’s essential for every federal employee to understand what misconduct is and what they can do if they’ve been accused of committing misconduct. This piece will delve into those topics and also relate several hypothetical examples of misconduct. If you want to learn more about employee misconduct or receive customized legal advice, contact the Federal Employment Law Firm of Aaron D. Wersing PLLC today. What Is Employee Misconduct? Understanding what constitutes misconduct by a federal employee is not always straightforward. However, the basic definition of employee misconduct is any behavior, action, or decision that breaches the established rules, policies, or expectations of a federal employer. Fortunately, misconduct generally does not include things like simple accidents. It’s completely natural for all employees to occasionally make a mistake. It’s the intentional or grossly negligent actions that constitute misconduct. Understanding the Nuances There are several key concepts to keep in mind as we explore the concept of employee misconduct. Severity Chief among these is the severity of the misconduct. Misconduct isn’t a one-size-fits-all term; its gravity can vary. For instance, some actions are classified as minor infractions (like consistent tardiness or improper use of office communication channels), and some are seen as significant breaches (like leaking sensitive information or committing fraud). Position and history Another key player in employee misconduct is your position and background. Your level of seniority within the federal government and the duties of that position can play a significant role in how your employer evaluates your conduct. In addition, any history of misconduct can color how your agency sees behavior that is questionable or problematic. Guidelines and culture Next, there are agency-specific guidelines and cultures to consider. Each federal agency has its own set of rules, guidelines, and expected behaviors. Something that’s deemed acceptable in one agency might be seen as a breach in another. And in all agencies, you will encounter unwritten ethical standards. Therefore, actions that might tarnish the reputation of a federal agency or lead to a public loss of trust can still constitute misconduct. Consequences Finally, a key principle underlying employee discipline is the severity of the behavior and how that affects consequences. Depending on the nature and frequency of the behavior, the consequences can range from verbal reprimands and mandatory training sessions to more severe punishments like demotions, suspensions, or even removal. In any situation suggesting potential misconduct, it’s beneficial to seek clarity, guidance, and representation. Federal Employee Misconduct Examples To help you understand the virtually endless scope of federal employee misconduct, consider these examples. These are only a few possible types of employee misconduct. If you face another kind of misconduct that you are unfamiliar with, it’s essential to contact a legal advisor. Understanding Misconduct Is Not the End of Your Journey. It’s Just the Beginning. If you have been accused of misconduct, learning the essentials and complexities of misconduct is just your starting point. Next, you need to consider where these principles intersect with your own situation. You’ll need to evaluate how the circumstances of your positions and situation interplay with your agency’s goals. Finally, you’ll need to establish whether illegal behavior like discrimination and harassment are playing a role. It’s incredibly difficult to do all this on your own. Fortunately, you don’t have to do this on your own. With the Federal Employment Law Firm of Aaron D. Wersing PLLC by your side, your future will rest in capable hands. Our attorneys boast a deep comprehension of federal employment laws and procedures. In addition, we strive to provide exceptional client service. With our assistance, you can feel confident when addressing any concerns or challenges you have that are tied to misconduct. Contact us today to leverage our extensive knowledge and get the representation you deserve.

Aug 15, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

How to Prove Disability Discrimination

The government has passed many laws over the years to eliminate discrimination against people because of their disabilities. Disability discrimination is illegal under the Americans with Disabilities Act, yet this kind of discrimination happens all the time. If you become the victim of disability discrimination, it can easily turn your life upside down. Sometimes disability discrimination is obvious. Other times, it can be hard to prove without professional legal help. In this article, we’ll review the most common kinds of discrimination. We will also discuss several possible ways you can prove disability discrimination. If you suffer from disability discrimination, do not wait for a supervisor or a co-worker to take action. Stand up for your rights and obtain compensation for your losses. Start the process today by reaching out to a veteran federal employment attorney right now. Understanding the Two Types of Disability Discrimination The Disability Discrimination Act recognizes several forms of discrimination. The first kind is called disparate treatment. Disparate treatment occurs when a person with a disability is treated worse than other similarly-situated employees without a disability. The second form of disability discrimination is harassment. Harassment encompasses a variety of actions that can collectively create a hostile working environment. Two Examples of Disability Discrimination Disability discrimination can come in all shapes and sizes. Here are just two hypothetical scenarios. Disparate Treatment Example #1 Oliver, who has vision difficulties, works as an accountant for a federal agency. Like most agencies, his employer is embracing a hybrid telework model. This means all employees need to work two days per week at the office. However, shortly after the new work schedule starts, Oliver’s boss tells him that he needs to come into the office four days a week. The supervisor claims that everyone else in the office will also need to come in four days a week. After a few weeks, Oliver notices that only employees with medical or physical conditions are in the office four days a week. When Oliver confronts his supervisor about it, the supervisor says that he asked the disabled employees to come into the office more so that they could receive better office support. Disparate Treatment Example #2 Cindy is a security officer for the Department of Homeland Security. As a security officer, she patrols a top-secret facility every night. Cindy discovers that she has diabetes and informs her supervisors. She also asks to be able to eat a snack during her work shift so she can maintain her blood sugar. After she makes her request, her bosses take her off patrol duty and assign her a desk job within the department. Other Examples of Disability Discrimination Both of these examples constitute textbook disparate treatment disability discrimination. It does not matter whether a supervisor thinks they are doing a disabled employee a favor by treating them differently. Lightening a disabled person’s job simply because they are disabled is just as illegal as firing them or transferring them because of their condition. And simply because a federal employee requests reasonable accommodation does not mean their job duties should be changed. Other ways disparate treatment disability discrimination manifests include: Most of the time, managers try to cover up discrimination by claiming it is a “routine office practice” or asserting that your job performance is inadequate. However, an experienced disability discrimination attorney can help you hold bad actors responsible in court. Disability Harassment Examples Disability harassment is any unwelcome or offensive behavior that is related to your disability. To succeed in a harassment case, you need to prove that the harassment is sufficiently severe or pervasive to create a work environment that the average person would find intimidating, hostile, or offensive. Very rarely, one act of harassment can meet the “severe or pervasive standard.” That said, harassment usually consists of many actions over time. Here are just a couple quick examples: If you’re encountering this kind of behavior, keep a thorough events journal. Record every incident and all the details you can remember. Then contact an attorney immediately. Want to Learn More About How to Prove Disability Discrimination in the Federal Workplace? At the Law Office of Aaron D. Wersing, PLLC, we refuse to let our clients be the victims of disability discrimination and harassment. We have many years of experience holding bad actors accountable and ensuring our clients receive compensation for suffering from discrimination and harassment. Do not wait for someone to help you or hope that things just blow over. Stamp out disability discrimination in the federal workplace by contacting us today.

Aug 15, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

What You Need to Know About Paid Parental Leave As a Federal Employee

Last year, the federal government created a new paid leave category for federal workers—paid parental leave (PPL). As part of the Federal Employees Paid Parental Leave Act of 2019 (FEPLA), most federal workers can take up to 12 weeks of PPL in connection with the birth of a child. Employees can also use federal paid parental leave for the placement of a child under their care. This includes situations like adoption and foster care. Paid parental leave is just the latest addition to the many benefits of federal employment, including generous retirement benefits, regular working hours, and ample health benefits. Learn more about the government’s new federal paid parental leave below. What Is Parental Leave For Federal Employees? The Federal Employee Paid Leave Act (FEPLA) allows federal employees to take up to 12 weeks of paid leave to care for a newly born or newly adopted child. The employee must take this leave within 12 months of the birth or adoption of the child. Which Federal Employees Qualify for Paid Parental Leave? To use paid parental leave, you must complete at least 12 months of federal service as stated in 5 CFR 630.1201(b)(1). Furthermore, you must not be under a temporary appointment (less than one year). You also cannot be an intermittent employee. Provided you meet these basic requirements, you are eligible to take paid parental leave under FEPLA. When Did Paid Parental Leave for Federal Employees Come Into Effect? As the name of the bill suggests, Congress passed the Federal Employee Paid Parental Leave Act of 2019 in December of that year. However, the rule implementing the bill’s provisions did not come into effect until October 1, 2020. This means that federal employees cannot take any PPL for any births or placements of children that took place before that date. Additionally: However, if you have multiple children at different times during one year, each child qualifies you for a new PPL period. Parental Leave vs. FMLA Legally, parental leave is viewed as a kind of leave available under FMLA. This means that you can obtain paid parental leave only if you are eligible for FMLA leave. Parental leave also counts as FMLA leave; you can’t use both within the same twelve-month period. What Are My Options If I Had a Child Before the Paid Parental Leave Law Came Into Effect? If your child was born or came into your care before October 1, 2020, you can still take leave to care for them. However, you won’t receive any pay during that time. Before FEPLA, the closest thing to a Federal employee maternity leave law or a Federal paternity leave law was the Federal and Medical Leave Act of 1993 (FMLA). FMLA allows eligible federal employees to take leave for up to 12 weeks for a variety of medical reasons, including the birth of a child. However, unlike FEPLA, FMLA provides employees only unpaid leave. Furthermore, you have to meet the same standards for FMLA as you would for FEPLA. Can I Use Leave Under Both FMLA and FEPLA? No. PPL is provided as a replacement for the unpaid leave provided under FMLA. However, you can use sick leave and annual leave in coordination with PPL. Do I Have to Use My Sick or Annual Leave Before Using Paid Parental Leave? No. In fact, the Office of Personnel Management (OPM)—the agency responsible for determining the personnel practices of all federal agencies—explicitly states that federal agencies cannot force their employees to take other forms of leave before using PPL. How Do I Request Paid Parental Leave? Most federal agencies have their own paid parental leave request forms. If you intend to request PPL, contact your local human resources office to learn about the forms that your agency uses. Please note that you must provide supporting medical documentation if your employer requests it. The types of supporting documentation you have to submit will vary from agency to agency. That said, OPM released guidance for the kinds of documents agencies may accept. Commonly accepted medical documents include birth certificates, hospital records, and any documents that name you as a parent. Finally, FEPLA requires that you sign an agreement promising to work at least twelve weeks of work after using PPL. Is Your Federal Employer Giving You the Paid Parental Leave You Are Entitled To? The new federal paid parental leave law recognizes that the birth or placement of a child is a life-changing event. It’s also a stressful period that requires your full attention without the interference of work. If your employer is denying you paid parental leave or retaliating against you because you took PPL, they are infringing on your rights. That’s why we are here. At the Law Office of Aaron D. Wesing, PPLC., we fight to protect our clients’ rights. We also work to ensure that they get fair treatment from their employers. Over the years, we’ve helped hundreds of federal employees deal with a huge range of federal employment problems. So let us help you stand up to your employer. If you think that your federal employer is violating your rights, contact us online or call (833) 833-3529 to schedule consultation today.

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