| Read Time: 3 minutes | Whistleblower Claims

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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| Read Time: 4 minutes | Federal Employment Law

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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| Read Time: 2 minutes | Federal Employment Law

What Is Federal Employee Sick Leave Abuse?

Federal employees may at times face the temptation to call in sick so they can have an unscheduled day off. Federal employee sick leave abuse is a serious issue that all federal employees should try to avoid. Abuse of sick leave laws exist which can carry significant penalties for those who misuse their sick leave. There are also a few ways that supervisors can spot and investigate sick leave abuse by federal employees. If your supervisor has accused you of being a federal employee who’s committed sick leave abuse, contact a federal employee sick leave abuse lawyer right away.  When Is It Okay to Use Sick Leave? The Office of Personnel Management (OPM), a federal agency that regulates the employment policies of most other federal agencies, states that federal employees may use sick leave when they need to:  OPM does not define what constitutes an abuse of sick leave. That said, it’s reasonable to assume that any use of sick leave for reasons other than those listed above could constitute “sick leave abuse,” especially if done repeatedly and within a short period of time.  Common signs of OPM sick leave abuse are: If an agency discovers that an employee is committing OPM sick leave abuse, the employee can face discipline. An employee can even face removal from federal service.  What Employers Can Do About Sick Leave Abuse While OPM does not define sick leave abuse, it does establish procedures for employers to require evidence from employees who request sick leave. Specifically, an agency may require “administratively acceptable evidence” before granting sick leave. The definition of “administratively acceptable evidence.” For example, if an employee requests sick leave to care for a family member, the agency may require that the employee provide proof of their relationship with the family member. If an employee claims sick leave to visit a doctor, the agency can request a doctor’s note that confirms the visit.  Do You Need a Federal Sick Leave Abuse Attorney? Let Us Help You Accusations of sick leave abuse are no joke. If you have been accused of abusing sick leave, you could be counseled, reprimanded, suspended, or even removed from your job. So if your supervisor has accused you of sick leave abuse, you need to contact a sick leave abuse attorney immediately.  When looking for an attorney that can help you defend your rights, it’s absolutely essential that you select someone who has familiarity with your situation and the federal workplace.  At the Law Office of Aaron D. Wersing,  PLLC., we concentrate on representing federal employees and protecting their rights. Our firm has the experience needed to help federal employees who have been accused of misconduct. Even if you aren’t sure whether you need an attorney, it takes no time at all to contact us. Call today! You might also be interested in:

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| Read Time: 5 minutes | Federal Employment Law

Absence Without Leave (AWOL)

AWOL, which stands for ‘Absence Without Leave,’ is a term commonly used in work settings. It refers to an employee’s unauthorized absence from their duty or workplace without prior approval. When an employee goes AWOL, it typically results in a non-pay status, as their absence has not been officially sanctioned by their employer. It is also a common charge of discipline within the federal government. Note though that AWOL is not in and of itself discipline, although it may lead to discipline. A charge of AWOL can result in a reprimand, suspension, or even removal from the federal service. Being charged with AWOL is a serious matter. But it need not be the end of your career. If your agency has charged you with AWOL, it’s imperative you find a qualified federal employment law to help represent you and defend your rights, especially if disciplinary action is proposed or imposed.  What Does AWOL Mean? Again, AWOL means “absence without leave” or “absent without official leave.” As with any other job, showing up for work on time is an essential requirement for federal employment. There is no minimum time requirement for AWOL. Although more accommodating managers may cut an employee slack for ten or fifteen minutes late, even a five-minute absence can lead to a charge of AWOL. Several other situations can lead to a charge of AWOL: What Are the Elements of an AWOL Charge? If a federal agency wants to use AWOL as a basis for discipline, it must prove two key points of AWOL charge. #1: The federal employee was absent from work As we mentioned earlier, there are a variety of circumstances that can lead to an employee being absent. Consequently, it is often relatively easy for an employer to prove this part of the charge. But you can contest this point by providing evidence that you were at your place of work during the time period in dispute.  #2: The federal employee’s absence was not authorized Federal managers have the right to deny personal leave requests for legitimate reasons. However, they cannot refuse your leave for discriminatory reasons or for retaliatory reasons. Supervisors can also revoke their authorization of a leave request, but it also must be for appropriate reasons. It is not unheard of for retaliatory managers to grant an employee leave, revoke it at the last minute, and then try to charge an employee AWOL. If you think your leave was revoked because you made a complaint, you may be eligible for compensation. A qualified employment attorney can help you demonstrate the connection between your protected activity and any retaliatory activity (including the cancellation of leave).  Need Help With Absence Without Leave (AWOL) Issues? Contact Us Today! What Is the Standard of Proof in an AWOL Case? The phrase “standard of proof” refers to the level of evidence the government needs to have to succeed in its case against the federal employee. There are four standards of proof: The “beyond a reasonable doubt” standard of proof is the most stringent standard and is not used in administrative charges like this. The “substantial evidence” standard is the easiest standard for a party to meet. For most disciplinary actions against federal employees, the “preponderance of the evidence standard” applies. To meet a “preponderance of the evidence” standard, the government provides enough evidence to show the judge that there is a greater than 50% chance that the alleged misconduct—a period of AWOL, for example—actually occurred.  Defenses to AWOL Charges There are a few common defenses employees can assert to AWOL charges. First, the employee can allege that the government’s charge is based on some kind of discrimination. The law prohibits many kinds of discrimination in the federal workplace, including discrimination based on race, gender, sexual orientation, religion, national origin, and disability. At first glance, you may not think that any of these apply to you. However, it is helpful to take a moment to consider whether any of your colleagues have been in your situation. For example, do you know a colleague of a different race who showed up late to work one day but was not charged with AWOL? Has your supervisor treated you worse than other colleagues of a different sexual orientation or gender? Are you charged AWOL every time you ask for leave to see your doctor for medical appointments? Think carefully—workplace discrimination can often show up in subtle ways.  What If My Supervisor Marked Me as AWOL for Being on Active Military Duty? Many federal employees are veterans of the armed forces. Some of these veterans retire before they enter federal service. Others are reservists. The law prohibits federal employers from discriminating against a reservist because of their reserve duty requirements. Similarly, if a federal employee who is also a reservist is called into active duty, they cannot be marked as AWOL. If your supervisor marked you as AWOL after you were ordered to active military duty, you might be able to sue them for military discrimination.  What Are My Rights If I Have Been Charged with AWOL? Most private-sector employees have few due process rights. This means their employer is free to punish them without notice and without providing them any opportunity for rebuttal or defense.  Thankfully, United States Code guarantees federal employees due process once they complete their probationary period. As a result, your employer generally cannot simply fire you or punish you for being AWOL. Instead, they generally have to provide you with: Without these protections, any adverse action taken against you can be thrown out for violating your rights.   Charged with AWOL? Let a Knowledgeable AWOL Attorney Help You Today If your federal employer has charged you with AWOL, it’s easy to feel overwhelmed. You may feel tempted to simply “roll over” and accept the agency’s punishment, but you shouldn’t. Take a stand instead. Fight for your rights and for your federal career.  At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we care about your well-being...

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| Read Time: 4 minutes | Workplace Harassment

Federal Workplace Harassment: A Federal Employees’ Guide to Understanding Your Rights

Workplace harassment continues to be a problem at federal agencies, with the U.S. Equal Employment Opportunity Commission (EEOC) reporting that most of the claims filed in 2019 were related to harassment. Federal employees should familiarize themselves with applicable federal laws that prohibit workplace harassment. These laws not only protect employees’ rights but can also potentially eliminate future incidents of harassment. If you believe you were the victim of workplace harassment while working in a federal government position, it’s time to contact an experienced federal workplace harassment attorney who can help. What Is Considered Workplace Harassment? So, what is considered harassment at work? Some people assume workplace harassment is just another term for sexual harassment. However, sexual harassment is only one type of workplace harassment that employees may suffer. Harassment can be verbal, psychological, physical, or in the form of online bullying.  Workplace harassment occurs anytime an employee suffers unwelcome or unwanted conduct based on: Harassment becomes illegal when the conduct creates an intimidating or hostile work environment or is offensive to reasonable people. There is a threshold test, whether the harassment is sufficiently severe or pervasive. Minor annoyances or petty slights will not typically rise to the level of federal law unlawful workplace harassment. Examples of workplace harassment include offensive jokes, physical assaults, racial slurs, intimidation, and conduct that interferes with work performance. Sexual harassment can include requests for sexual favors, unwelcome sexual advances, quid pro quo harassment, or other physical or verbal harassment of a sexual nature. In many cases, sexual harassment is not overt or physical; it’s often masked in comments or banter, making future encounters uncomfortable and awkward. Sexual harassment victims can be female or male. They may even be of the same sex as their harasser.  In 2019, sexual harassment claims accounted for 10.3% of the EEOC’s total complaints.  Harassment of a federal employee also includes retaliation for engaging in protected EEO activity. Anti-discrimination laws provide that harassment against people in retaliation for filing a discrimination complaint or engaging in other protected EEO activity is illegal. This protected activity includes someone who has filed a discrimination charge or participated in an investigation, or other EEO-type proceedings, requested a reasonable accommodation, or provided testimony in another employee’s EEO complaint. Complaints involving retaliation comprise more than half of all complaints filed with the EEOC. Out of 72,675 complaints filed in 2019, 39,110 involved retaliation. When Are Employers Liable for Workplace Harassment? Federal employers can be held liable for workplace harassment even when they are not directly involved. An employer must take reasonable action to prevent any harassment in the workplace. If harassment has occurred, the employer must take swift disciplinary action for harassment in the workplace. Federal agencies will be automatically liable for harassment by someone in a supervisory position that resulted in termination, loss of wages, failure to hire or promote, or other negative employment action. Suppose a supervisor’s alleged harassment resulted in a hostile work environment. In that case, the employer could be held responsible unless that employer can prove that it took appropriate preventative and corrective measures, and the involved employees did not follow the applicable policies. Harassment by non-supervisory employees or non-employees the employer controls, like a customer or independent contractor, is handled a bit differently. Employers are only held liable if they knew or should have known about the harassment and did not take swift and necessary corrective action. The best way to eliminate workplace harassment is to prevent it before it happens. Agencies should have an effective grievance or complaint process so that employees can report any unwanted conduct immediately. Speaking with employees about harassment and establishing anti-harassment training for both supervisory staff and employees are essential components of harassment prevention. What Can Employees Do About Harassment in the Workplace? When harassment occurs in the federal workplace, employees must take action to try and stop it. Employees can start by trying to resolve the issue at the lowest level, speaking directly with the person who has committed the harassment. It’s important to communicate that you find the behavior or words offensive. If the harassment continues, employees should follow the applicable reporting procedures for their employer. Report the conduct early on to keep it from escalating. Employees can also file a complaint with their agency’s EEO office, which eventually could come directly before the EEOC. Facing Harassment In The Federal Workplace? Contact Our Federal Employee Lawyer at FEDLaw Today If you are a victim of federal workplace harassment, it may affect your work performance. The job you once loved may now be a source of extreme stress. You may experience difficulty sleeping, mood swings, or other symptoms as a result. Taking action to stop unwanted conduct can help you feel better. Putting a stop to workplace harassment can protect you and your federal career that you’ve worked so hard for over the years.  Don’t let someone get away with workplace harassment. Speak with a skilled federal workplace harassment lawyer who can help you understand your legal options. At the Law Office of Aaron D. Wersing, our focus is federal employee law, including workplace harassment. We can advise you on the best course of action and guide you through the process of reporting the unlawful harassment you have suffered. Our primary goals are to protect your rights and to make the harassment stop. Contact our office to schedule an initial consultation or to speak with our experienced federal workplace harassment attorney.

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| Read Time: 4 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? The phrase “conduct unbecoming an officer and a gentleman” originated from military codes. The Articles of War (1872) stated that officers behaving scandalously would be cashiered. The Naval Discipline Act of 1860 also referenced “conduct unbecoming the character of an officer.” “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.  Conduct unbecoming an officer involves a higher level of dishonor or discredit than mere prejudice to good order and discipline. When a servicemember acts in a manner unbecoming an officer, they inherently engage in conduct discrediting the service or prejudicial to good order and discipline. 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.

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| Read Time: 4 minutes | Federal Employment Law

Settlement Agreements at the MSPB

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

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| Read Time: 4 minutes | Federal Employment Law

Title 38 & Hybrid Title 38: What Every Employee Must Know

Title 5 of the United States Code covers virtually all federal government employees. However, a few employees fall under Title 38 of the U.S. Code. Title 38 and hybrid Title 38 employees receive unique rights in the federal government. Both categories of employees work in the Veterans Administration and the National Institutes of Health (NIH) and have different working conditions and pay scales. Title 38 employees work in various medical professions, while hybrid title 38 employees occupy medical and scientific roles.  Here, we’ll review the rights and working conditions of Title 38 employees and hybrid Title 38 employees. We will also touch on the process for appealing disciplinary action. For more specific questions relating to Title 38 and hybrid Title 38 employees, call a title 38 lawyer today.  Title 38 Employees: Characteristics and Examples  Title 5 outlines the key characteristics of federal employees, including their working hours, overtime rules, and pay scales. Because Title 38 employees obviously aren’t covered by Title 5, their working conditions are significantly different. Whereas Title 5 employees work during regular business hours, many Title 38 employees regularly work weekends or are on call 24/7. Title 5 employees receive pay under either the General Schedule (GS) or Executive Schedule (ES) pay systems, while Title 38 employees have several different pay scales that allow for significantly higher salaries. For instance, GS employees have a pay cap equal to the Executive Schedule level IV, which was $176,300 in 2022. In contrast, Title 38 physicians can make up to $385,000. However, Title 38 employees do not receive the same benefits as Title 5 employees when it comes to disciplinary matters. While Title 38 employees can file Equal Employment Opportunity (EEO) complaints, they cannot appeal disciplinary actions to the Merit Systems Protection Board (MSPB). This means that employers like the VA have significantly greater discretion when it comes to disciplining their employees. Finally, Title 38 employees must serve a two-year probationary period. Title 5 employees need only serve a one-year probationary period.  How Do I Know If I Am a Title 38 Employee? Not all employees of the VA and NIH are classified under Title 38. To determine if you are a Title 38 employee, check whether your profession qualifies under this designation. The following professions are covered by Title 38: This is not an exhaustive list. If you have specific questions about whether your profession falls under Title 38, contact a competent Title 38 attorney today. How is a Hybrid Title 38 Employee Different from a Title 38 Employee? Certain professions within the VA and NIH have employees classified under both Title 5 and Title 38 of the U.S. Code, rather than being entirely covered by one title. These professions are called “mixed” or hybrid Title 38 employee professions. Hybrid Title 38 professions include: Again, this is not an exhaustive list. That said, if you work for the VA or NIH in one of these fields, you might be a Title 38 or Title 5 employee. The best way to know which title governs your position is by consulting your agency’s human resources department or by contacting a federal employment attorney.  What Rights Do Title 38 Employees Have? Employees in both “pure” Title 38 and “hybrid” Title 38 professions have the same rights under Title 38. While Title 38 employees cannot appeal disciplinary actions to the MSPB, they receive protections from the following laws:   Title 38 employees may also dispute disciplinary actions in Administrative Investigation Boards (AIBs). During these hearings, they may be represented.  Want to Learn More About Title 38 and Hybrid Title 38 Employees?  Do you have more questions about your rights as a Title 38 employee? Are you looking for quality legal representation to help you defend your career in AIB? Whatever your situation, we can help. The lawyers at the Law Office of Aaron D. Wersing, PLLC, have many years of experience with both Title 5 and Title 38 employees. We have helped countless civil servants protect their careers, hold bad actors accountable, and obtain the benefits they deserve. Also, we’ve practiced in every kind of federal forum, including AIBs, the MSPB, the EEOC, and federal district court. We are passionate about defending your rights and hope to provide you with outstanding customer service.  Still unsure about whether you need to hire an attorney? Don’t worry. You can contact us at 1-866-612-5956 or reach out online to get started. 

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| Read Time: 4 minutes | Federal Employment Law

Religious Accommodations for Federal Employees

Respecting diverse religious practices in the workplace is fundamental to our nation’s values. However, many government employees are intimidated or unsure about the extent of their rights when it comes to living out their religious beliefs at work. This blog post will explain what federal employees should know about their rights to religious accommodations in the workplace. We’ll discuss who qualifies for these accommodations, cover some examples of standard accommodations in the federal workplace, and offer tips for requesting an accommodation.  Understanding Religious Accommodations in the Workplace  The right to religious accommodations is guaranteed under federal discrimination law. Under Title VII of the Civil Rights Act, federal employers must reasonably accommodate employees’ sincerely held religious beliefs or practices. An accommodation is simply an adjustment to the job environment that allows an employee to observe their religious belief or practice in the workplace.  A variety of beliefs can qualify as protected religious practices under Title VII. When it comes to workplace accommodations, the legal definition of “religion” is broad. It includes: Certain firmly held positions do not qualify as protected religious beliefs under Title VII. For example, social, political, or economic philosophies and personal preferences are not grounds for an employee to receive a religious accommodation at work. However, the law requires employers to consider accommodations for all sincerely held religious practices, even if they are newly adopted, observed irregularly, or outside the common tenets of the employee’s religion.  The only legal reason an employer can refuse to accommodate a religious practice is if doing so would pose an “undue hardship” to the employer, i.e., involves a substantial financial or operational burden. Federal Religious Accommodation Examples Reasonable accommodations for religious beliefs can take many forms, depending on the specific practice, an employee’s job responsibilities, and the employer’s resources.  The following are some examples of religious accommodations that federal employees frequently make in the workplace. Schedule Changes for Religious Holidays or the Sabbath  Employees often request leave for important religious days outside an agency’s standard holiday schedule. Employees of religious groups that prohibit work on the Sabbath may also change their shifts to avoid certain hours on Fridays, Saturdays, or Sundays. Adjustment to Uniform or Appearance Policies Wearing specific garments like hijabs, yarmulkes, or turbans is integral to many religions. Agencies with dress codes that typically forbid scarves, head coverings, or facial hair often make exceptions for employees for whom this is a religious practice. If a garment can’t be accommodated due to health or safety issues, employers can consider other changes, such as alternate work assignments. Breaks for Daily Prayers  Muslims, Hindus, and many other faiths require regular prayer at specific times throughout the day. Employees may request short breaks or schedule adjustments to observe these prayer times. Accommodation for Dietary Restrictions  Employees who follow a faith-based dietary practice (e.g., kosher, halal, vegetarian, or veganism) can request alternate food options in cafeterias or at work-sponsored events.  Ability to Display Religious Symbols  Federal employees may want religious images or objects in their workspaces. These might include symbols, like a cross or Star of David, or quotes from a holy book. Alternative Work Assignments  Sometimes, an employee’s faith may conflict with specific tasks or projects that arise in their role. For example, religious beliefs may lead a VA nurse to object to assisting end-of-life procedures or a lab technician at the Centers for Disease Control and Prevention from participating in studies involving genetic modification. Employees in these situations may request reassignment to avoid engaging in activities that go against their religious beliefs. Exemption from Faith-Based Events  Employees who are atheists or agnostics may feel uncomfortable attending job-related ceremonies, training programs, or celebrations with a religious component or that are co-organized with a faith group. In these situations, employees may request not to attend these events and instead use their time to support the agency and its goals in another way, e.g., covering the responsibilities of those who attend. How to Request a Religious Accommodation Getting a federal religious accommodation under Title VII is an interactive, individualized process.  It starts with a federal employee informing their manager or agency that they would like a workplace accommodation due to a religious belief or practice. This can happen in a conversation or through a written request. Putting the request in writing can be helpful to ensure proper documentation of the process. Some agencies may even have a specific form for employees to complete. In your request, it’s best to be as detailed as possible about: Your agency has the right to ask for more information to clarify the nature of your beliefs and understand how to meet your needs. The law doesn’t require them to grant you the exact accommodation you want. However, your employer must work with you to identify an accommodation that respects your beliefs and is operationally feasible. Supporting the Federal Employees’ Right to Religious Expression If you’re concerned about getting religious accommodation from your agency, the Federal Employment Law Firm of Aaron D. Wersing PLLC is here to help. Attorney Aaron D. Wersing has spent years advocating for federal workers to understand and exercise their rights as government employees. With his deep knowledge of federal law and experience negotiating with agencies over various employment disputes, Aaron D. Wersing and his legal team are prepared to support you throughout the accommodations process. Contact our office today to learn more about how we can help.

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| Read Time: 4 minutes | Federal Employment Law

Recoverable Damages in a Federal Employment Case

The opportunity to recover damages is essential in remedying the harm caused by an employer violating your work rights. Damages help keep employers accountable for oversights and misconduct and offer employees valuable financial relief for the economic and professional toll of employer wrongdoing. This blog post will give federal employees an overview of the damages available in employment claims. We’ll explain the types of recoverable damages and discuss the factors that impact them, including front pay vs back pay, noneconomic damages, and compensation limits. Understanding Recoverable Damages Under Federal Employment Law Federal law offers several types of damages to employees whose rights have been violated. The damages a federal employee can recover will vary depending on the facts of the situation and the laws that apply. Let’s look at some of the different kinds of relief available. Compensatory Damages These damages aim to reimburse an employee for losses suffered from an employer’s wrongdoing. A plaintiff can receive compensatory damages for their financial, professional, and even emotional losses, depending on the situation.  Liquidated Damages  These supplement compensatory damages. They’re generally available when an employer purposefully withholds wages or earned compensation from an employee. Liquidated damages are often calculated as a multiple (e.g., double or triple) of the total back pay a plaintiff recovers. Equitable Relief  This relief is a remedial action a court orders on behalf of the employee. Reinstatement for wrongfully terminated employees is a typical example. Equitable relief could also take the form of court-ordered policy changes for an employer. Punitive Damages  These are penalties aimed at punishing an employer for their wrongdoing. They’re generally only available when an employer acts with purposeful or reckless intentions. However, the law prohibits federal, state, or local government employees from recovering punitive damages in employment claims.  EEOC Compensatory Damages Compensatory damages are often the main form of legal relief offered to federal employees who bring claims through the Equal Employment Opportunity Commission (EEOC). Their goal is to help return an employee to the situation they were in before their rights were violated. EEOC compensatory damages often include: Employees may also recover some compensation for the financial value of other benefits they lost because of a violation of their rights. Front Pay vs. Back Pay Front pay is compensation for lost future work with an employer. It’s calculated as the wages and benefits you would have received if you continued your job. Employees typically receive this when returning to their prior position is undesirable or impossible. Like back pay, it includes the value of all wages and benefits your employer offers, e.g., salary, potential bonuses, and commissions. However, calculating front pay can be trickier than back pay since it involves estimating someone’s future time and trajectory in a job role. Noneconomic Damages The EEOC also offers federal employees compensation for intangible losses that are harder to calculate. Potential noneconomic damages can include compensation for pain and suffering or emotional distress resulting from an employer’s wrongdoing. Title VII Damages Caps Employees who bring claims under Title VII of the Civil Rights Act face limits regarding the compensation they can recover. Under Title VII, the maximum damages (compensatory and punitive) available in an employment discrimination claim breaks down as follows: These caps on Title VII damages only apply to discrimination cases covered by the 1964 Act, e.g., discrimination against race, sex, religion, national origin, etc. Federal employment claims made under other laws—e.g., the Age Discrimination in Employment Act (ADEA), Rehabilitation Act, and Equal Pay Act (EPA)—may not be subject to these limits. Calculating Damages in Employment Discrimination Cases The damages a federal employee can recover can vary widely depending on the situation. Here are some of the key factors that determine the value of potential damages: Because of these factors, calculating damages in employment discrimination cases can be complex. The best way to estimate your claim’s value accurately is to consult a seasoned federal employment lawyer.  Fair Compensation Starts with Skilled Representation There are many things outside your control when it comes to recovering damages. However, there’s one critical factor you can control: your attorney. When you come to the Federal Employment Law Firm of Aaron D. Wersing PLLC, you get the support of an experienced legal team who knows federal employment law inside and out. With a track record of successful litigation behind him, attorney Aaron D. Wersing has the legal skills and knowledge to fight for you to receive the maximum compensation you deserve. Contact our office by phone or online today to learn more.

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