May 27, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Common Defenses Against Federal Employee Misconduct Charges

For many federal employees, public service represents not only a career but a commitment to stability, structure, and purpose. However, when misconduct allegations arise, that foundation can feel suddenly and unfairly shaken. These charges often carry serious consequences—threatening your career, financial security, and professional standing. Fortunately, federal employees are not without recourse. There are several common defenses against federal employee misconduct charges, and when strategically asserted, they can provide a clear path toward resolution. Whether your case involves procedural errors, baseless allegations, or discriminatory retaliation, a focused legal strategy can make all the difference. What Are Common Defenses Against Federal Employee Misconduct Charges? When a federal employee is charged with misconduct, several legal defenses may be raised depending on the circumstances. These defenses can protect your job, your record, and your future. Here are some of the most common and effective ones: Rushed or overburdened agencies often overlook these common defenses against federal employee misconduct charges. But a skilled attorney knows how to apply them strategically. That’s why working with a federal employment advocate and building your case early on is essential. What Are Strategies to Challenge Federal Disciplinary Actions? Successfully challenging a disciplinary action requires more than just disagreeing with the agency. Some strategic steps to take include: Ultimately, what is the strongest strategy for challenging a misconduct charge? Seeking legal representation. Federal employment law is complex, and disciplinary hearings are high-stakes. Having an experienced attorney on your side can make a significant difference. A good lawyer can challenge weak evidence, uncover procedural errors, and build the strongest defense possible.  How Long Do I Have to Appeal Federal Employee Misconduct Charges to the MSPB? Timing is everything when defending against misconduct charges. If you’ve been removed, demoted, or suspended for more than 14 days, you typically have 30 calendar days from the effective date of the action to file your appeal with the MSPB. Missing this deadline can result in losing your right to challenge the agency’s decision. The MSPB appeals process moves quickly and requires detailed legal knowledge. From the moment you receive a proposed disciplinary action, every step you take—or fail to take—can impact the outcome. That’s why working with a lawyer who understands how the MSPB operates is so important. Legal Defenses for Federal Workers Facing Misconduct Claims FAQs Can I Challenge a Misconduct Charge If I Believe It Is Unfair or Incorrect? Yes. Depending on your case, you can challenge disciplinary actions through internal processes, the MSPB, the EEOC or OSC. What Evidence Do I Need to Defend Against a Federal Disciplinary Action? Emails, timelines, witness statements, medical records, and performance reviews are all critical forms of evidence. What Are the Most Effective Ways to Challenge a Federal Disciplinary Action? The most effective ways include hiring an attorney, requesting all case documentation, uncovering bias or retaliation, and appealing to the MSPB. You Don’t Have to Face This Alone At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we bring deep experience and singular focus to the complex world of federal employment law. Our nationally recognized firm proudly holds distinctions such as the AVVO Client’s Choice Award, and Super Lawyers recognition. Whether you’re dealing with a proposed removal, a suspension, or a hostile work environment, we know how to navigate the system and fight for your rights. Contact our firm today for a consultation.

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May 27, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Important Questions to Ask Your Federal Employee Lawyer

When your federal career is on the line, hiring a lawyer isn’t any choice—it’s a decision that could shape your future. Maybe your agency blindsided you with a proposed removal, or you face daily discrimination or retaliation. Suddenly, you find yourself navigating a complex legal and administrative system most private-sector employees never have to touch. That’s why the important questions to ask your federal employee lawyer matter. You’re not just hiring an attorney; you’re choosing a partner who can help protect your financial and professional future. Whatever your issue, knowing how to evaluate a potential attorney is essential for setting yourself up for the best possible outcome. At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we guide clients through EEOC hearings, MSPB appeals, OSC investigations, FERS disability claims, and other complex legal proceedings with clarity and care. Our goal? To give you back control of your life. Why Does Asking Questions Matter When Federal Employees Choose Legal Representation? Federal employment law isn’t just complicated—it’s a maze of overlapping statutes, agency rules, and appeal processes that don’t function like state or private-sector employment laws. The Civil Service Reform Act, the Whistleblower Protection Act, the Rehabilitation Act, and Title VII of the Civil Rights Act each establish different rights and procedures—and how they interact can be anything but straightforward. Successfully navigating the distinct procedures of the Equal Employment Opportunity Commission, Merit Systems Protection Board, or Office of Special Counsel requires more than general employment law knowledge. It demands a lawyer who is experienced specifically within the federal system. That’s why asking the right questions before hiring an attorney is critical. You don’t want someone who “dabbles” in federal employment law—you need a seasoned professional who understands the important questions of employee relations and labor laws as they apply to federal workers. Hiring the right attorney is about more than checking credentials. It’s about trust. The best lawyers will welcome your questions—not dodge them. They know you’re under stress. They’ll meet you there and walk with you through it. If you consult with an attorney who refuses to answer your questions or gives you the run-around, it’s a sign they are not the right attorney for your cause. Important Questions to Ask Your Federal Employee Lawyer at the First Meeting Before you commit, prepare. Bring a list of questions that cover your areas of concern. Listen carefully, not just to answers but to tone and demeanor. Here are just some of the essential questions to ask your federal employee lawyer before deciding to move forward: These are only a starting point. From there, ask questions you feel are essential to your specific case. Trust your instincts—if the lawyer’s answers inspire clarity and confidence, you may have found the advocate you need. Additional Questions to Ask an Employment Law Attorney for Ongoing Cases or Complex Situations If you’re already in a legal proceeding or dealing with multiple issues simultaneously, your questions should dig deeper. Potential issues to raise could include: These more advanced questions can help you evaluate whether your lawyer sees the whole picture in your case.  Take the First Step Forward: Choose The Federal Employment Law Firm of Aaron D. Wersing PLLC The Federal Employment Law Firm of Aaron D. Wersing PLLC exists to serve people just like you. We don’t just handle federal employment disputes—we live and breathe them. Our founder, Aaron D. Wersing, has years of experience helping hundreds of federal workers across the country reverse unjust suspensions, secure medical accommodations, beat retaliation, and reclaim their careers. We know federal employment inside and out and are prepared to work to keep our clients informed and empowered from day one. You don’t have to walk this road alone. Reach out today for a confidential consultation. Let us show you what skilled, strategic representation looks like.

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Apr 15, 2025 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Retirement

Will You Be Penalized for Retiring Early as a Federal Employee?

With the freedom retirement brings, many of us look for ways to retire earlier. Others retire early due to a change in circumstances. As a federal employee, early retirement may be available depending on your age and years of service. Contact the Federal Employment Law Firm of Aaron D. Wersing PLLC to discuss retiring early from federal service. Our firm focuses exclusively on issues related to federal employment, so you can rely on our experience to guide you as you consider or plan for early retirement. What Are Your Retirement Options? The Federal Employees Retirement System (FERS) covers federal employees who started working for the government on or after January 1, 1987. Under FERS, you have several retirement options, including: Your eligibility depends on your years of service and whether you have met the minimum retirement age (MRA).  Minimum Retirement Age Your MRA depends on what year you were born:  When you retire at your MRA, you typically forfeit part of your benefits. Voluntary Retirement You can voluntarily retire when you meet the requirements of the table below: Minimum Age Minimum Years of Service 62 5 60 20 MRA 30 (without penalty) MRA 10 (with penalty) You can also voluntarily retire under special provisions for military personnel, emergency services, or air traffic controllers at any age with 25 years of service or age 50 with 20 years of service. Early Retirement You can receive early retirement if a significant percentage of your agency’s employees will be separated or have their pay reduced because your agency is undergoing a: Your agency head must also request the U.S. Office of Personnel Management (OPM) issue a Voluntary Early Retirement Authority (VERA). Federal agencies offer early retirement using VERA to reduce age and service requirements or VSIP to provide lump-sum separation incentives. You can qualify for early retirement at any age with 25 years of service or age 50 with 20 years of service. Otherwise, you typically qualify when you reach age 62. Disability Retirement You can qualify for disability retirement if: You can apply at any age, but if you are under 60, your benefits can stop if you medically recover or return to work. Deferred Retirement Former federal employees can qualify for deferred retirement if they: You can meet the service requirements if you arrive at your MRA and have ten years of service or turn 62 with five years of service. Phased Retirement Under phased retirement, you work part-time and receive partial benefits over several months to years. Phased retirement can be an effective option for many who want to space out the retirement process. Are There Penalties for Retiring Early? Depending on the type of retirement, your benefits may be reduced if you retire before age 62.  Specifically, if you take voluntary retirement at your MRA with ten years of service, your annuity is reduced by 5% each year you are under 62. If you take deferred retirement based on reaching your MRA and having ten years of service, your annuity is reduced by 5% for each year and 5/12 of 1 % for each month under age 62. Can You Avoid the Early Retirement Withdrawal Penalty? If you voluntarily retire early, you can postpone receiving benefits to reduce or avoid the penalty. If you postpone: The closer to age 62 you start receiving benefits, the smaller the penalty. Speak with a Federal Employment Attorney If you are a federal employee, early retirement can be a great option. Contact the Federal Employment Law Firm of Aaron D. Wersing PLLC today to discuss whether early retirement may work for you and help you start planning.

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Mar 27, 2025 | By Aaron D. Wersing | 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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Mar 17, 2025 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

Adverse and Disciplinary Actions for Federal Employees

Adverse and disciplinary actions for federal employees are different classes of punishments. Both adverse and disciplinary actions are taken by an employer for reasons of performance or misconduct. Adverse actions include more serious punishments, while disciplinary actions often refer to less serious punishments. However, both can cause irreparable harm to your career and personal life. If you are a federal employee, disciplinary actions by your employer are something you need to take seriously. Consider consulting a successful federal employment attorney today to help you protect your rights. What Are Disciplinary Actions For Federal Employees? Disciplinary actions for federal employees are measures agencies take for alleged violations of rules, regulations, or conduct standards. Your employing federal agency is almost always responsible for taking these actions. Disciplinary actions range from mild warnings or reprimands to severe measures like suspensions. Common disciplinary actions for federal employees include: Various federal laws and regulations govern disciplinary actions for federal employees. A few key laws are the Civil Service Reform Act, the Federal Service Labor-Management Relations Statute, and the Privacy Act. These laws and regulations provide you with certain rights and protections, such as the right to a fair and impartial hearing, the right to appeal, and the right to representation by a union or an attorney. It’s important to note that disciplinary actions must be based on a valid cause, such as unacceptable performance, misconduct, or some violation of laws or regulations. In addition, any actions based on characteristics like your race, sexual orientation, or religion are illegal. You also have a few due process rights when receiving disciplinary action. Specifically, you have the right to make a response and receive a written notice of the action.  What Are Adverse Actions For Federal Employees? Adverse actions are serious disciplinary measures taken by federal agencies against their employees. As with disciplinary actions, adverse actions always negatively affect your job, pay, or benefits. They also have a huge impact on your reputation and employability. Adverse actions can include, but are not limited to, the following: Adverse actions against federal employees are governed by federal laws and regulations, including the Civil Service Reform Act, the Federal Service Labor-Management Relations Statute, and the Privacy Act. Fortunately, these laws and regulations provide extensive rights and protections to federal employees. These include the right to a fair and impartial hearing, the right to appeal, and the right to representation by a union or an attorney. As with disciplinary actions, all adverse actions must stem from an act of misconduct or poor performance. In addition, federal agencies need to provide extensive due process procedures when they propose an adverse action against you. Specifically, you need to have at least 30 days’ advance notice of the action, an opportunity to respond to the proposed action, and the right to appeal it to the Merit Systems Protection Board (MSPB). Let Our Federal Employment Attorneys Help You! Contact Us Today Whether facing adverse or disciplinary actions, take the situation seriously. Even a minor reprimand can torpedo your chances of obtaining your dream position and leave you with a black mark on your record. If your employer plans to take disciplinary action against you, seek legal counsel immediately. At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we are dedicated to preserving your rights. We will do whatever it takes to defend your good name. Furthermore, we will help you take action against discriminatory employers and other bad actors. Federal employment is a niche area, and most attorneys have little experience with it. However, we have decades of experience in federal employment issues. Don’t try to go it alone and jeopardize your career. Instead, give us a call at 866-612-5956 or get in touch with us online.

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Feb 19, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Return to In-Person Work Executive Order for Federal Employees Administered by Trump

President Trump’s new mandate ending remote work for most federal employees has recently rocked the federal workforce. Although Trump had long suggested this was a priority for his administration, many federal employees are confused and concerned about what the return to in-person work executive order means in practice.  This blog post will address common questions about the Trump executive order to return to work. We’ll unpack the order’s details, explain the transition timeline, and discuss any exemptions from the mandate. What Does the Return to Work Order Say? On his first day in office in 2025, President Trump issued a mandate directing all federal departments and agencies to take steps to end remote work arrangements. President Trump ordered all federal employees to return to full-time, in-person work. Agencies must end remote work, but agency heads can approve exemptions when necessary. The order specifies that agency leaders should “require employees to return to work in person at their respective duty stations on a full-time basis” unless they have legitimate reasons for exemption under existing law. According to a report by the Office of Management and Budget, in May 2024, 1.1 million federal civilian employees were eligible for work arrangements that allowed them to do their jobs partly or entirely away from their work site. Of those employees, around 228,000 occupied remote positions where they were not expected to report to a physical location.  This new directive marks a significant shift from the Biden administration’s approach, which embraced flexible work arrangements and expanded telework options for federal employees.  When Does the Return to In-Person Work Executive Order Take Effect? President Trump’s return to work order officially went into effect on January 20, 2025, when it was issued. According to guidance from the Office of Personnel Management (OPM), agencies had until 5:00 p.m. EST on January 24, 2025, to take the following steps toward complying with the mandate: Under OPM’s guidance, agencies will aim to fulfill the order’s requirements within 30 days. However, some flexibility with this timeline is possible for federal employees covered by collective bargaining agreements and other exceptional agency circumstances.  Who Is Included in the Executive Order to Return to Work? The original order specifically addresses employees of “all departments and agencies in the executive branch of Government” engaged in any “remote work” arrangement. This includes any employees who work entirely from an alternative worksite and are not expected to report to agency locations. However, the OPM guidance clarifies that the president’s mandate also applies to federal employees performing “telework.” In the past, OPM allowed employees with telework arrangements to “report to work both at an agency worksite and alternative worksite on a regular and recurring basis each pay period.” Now, federal employees who’d previously had authorization for full—or part-time telework will also be expected to return to in-person duties. Are There Any Exceptions to the Federal Employee Return to Work Executive Order? The president’s mandate does include some exceptions. Certain employees may continue working remotely if they qualify for an exemption under federal law or agency policy. These exemptions include: If you believe you qualify for an exception, it is crucial to communicate with your agency and understand your rights. A lawyer experienced in federal employment law can help assess your situation and ensure the proper handling of your request. Proud Advocates for the Rights of Federal Employees Federal employees are understandably concerned about the impact of this executive order on their careers and personal lives. If you have questions about your rights, exemptions, or potential legal challenges, the Federal Employment Law Firm of Aaron D. Wersing PLLC is here to help. We proudly offer our services to federal employees nationwide. Our team understands the complexities of federal employment law and can help you navigate exemption requests, disability accommodations, and union protections. Additionally, if you experience retaliation for requesting an exemption or challenging the order, you may have legal recourse under federal whistleblower protections and anti-retaliation laws. Contact our office today to learn more about your rights and how we can help. Resources:

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Feb 11, 2025 | By Aaron D. Wersing | 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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Feb 3, 2025 | By Aaron D. Wersing | 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. Sick leave abuse occurs when employees repeatedly use sick leave for non-medical or unauthorized reasons. 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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Jan 13, 2025 | By Aaron D. Wersing | Read Time: 5 minutes | Federal Employment Law

Absence Without Leave (AWOL): Guidance for Federal Employees Nationwide

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.  How Many AWOL Before Termination Federal Employee? The number of AWOL charges before termination depends on severity and policy. A single AWOL offense can lead to proposed removal if severe enough, especially for federal employees. Repeated offenses increase termination risk. Agency policies and past disciplinary records influence outcomes. 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...

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Jan 7, 2025 | By Aaron D. Wersing | 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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