Oct 17, 2024 | By Aaron D. Wersing | 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.

Oct 15, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Artificial Intelligence in the Federal Workplace: What to Keep in Mind

Once a far-off dream of science fiction, artificial intelligence (AI) has become a regular part of life for many employees today. Thanks to the explosion of AI’s capabilities and accessibility in recent years, many employers and employees have eagerly integrated automated technology into the workplace to boost efficiency and productivity. However, despite AI’s exciting potential to improve the modern workflow, it also comes with legal and operational risks. Understanding the ongoing compliance concerns around AI at work is crucial for ensuring employees and their organizations protect themselves while achieving productivity goals. In this blog post, we’ll explain what federal employees should know about using artificial intelligence in the workplace. We’ll discuss the pros and cons of this technology and how federal law impacts the role of AI in the workplace. If you still have questions, contact our office by calling (833) 833-3529 or using our online contact form. The Current State of Artificial Intelligence in the Workplace Artificial intelligence is a form of computer technology that can perform tasks generally thought to require human intelligence. Many of today’s AI tools are trained on large amounts of data, using algorithms to “learn” to recognize patterns, solve problems, analyze language, and generate text with minimal human intervention. In the workplace, artificial intelligence can serve many different functions, including: This wealth of capabilities makes AI an increasingly valuable and popular tool for employers and employees. Potential Pitfalls Involving AI in the Workplace Despite the technological capabilities of AI, these tools have limits and drawbacks. Some basic concerns raised around integrating AI tools into the work environment include the following: With the ongoing expansion of publicly available automated and generative AI tools, many organizations are working to develop policy guardrails to avoid these risks while still reaping the benefits of this technology. Federal Law and AI As AI has become more sophisticated and widely available, lawmakers have begun to take action to respond to some of the concerns about what this technology can do. Let’s look at some current legislative and administrative attempts to regulate AI and how they could impact employees. Algorithmic Accountability Act This bill was first introduced in 2019 and is currently under consideration by Congress. It would require certain employers who use AI to study its potential impact on employees before making critical employment decisions. If passed, the bill would require companies to report any bias, accuracy, discrimination, privacy, or security concerns with a tool to the Federal Trade Commission (FTC). EEOC Guidance on AI and the ADA In 2022, the Equal Employment Opportunity Commission (EEOC) released a statement offering guidance on maintaining Americans with Disabilities Act (ADA) compliance with AI tools in the workplace. In it, the EEOC flagged the following ways that AI may put employees with disabilities at risk of discrimination: Although not yet confirmed as federal law, these guidelines offer important clarifications for employers considering using AI in hiring and recruiting. EEOC Guidance on AI and Title VII The EEOC also issued technical guidance addressing AI and potential unintended discrimination under Title VII. It specifically points out how AI as a hiring tool could perpetuate biases and prejudices in recruiting. Algorithms trained on past hiring data may base future decisions on criteria historically slanted toward specific groups. For example, prioritizing candidates based on education, geographic region, and job titles could skew toward white applicants and away from other racial groups. As a result, the EEOC recommends that employers conduct regular bias assessments of any AI tools in hiring to ensure they don’t return lower rates of candidates who are members of protected groups. Trusted Guide and Defender for Federal Employees AI is a promising tool with great potential to improve the daily lives of federal employees and agencies. However, it shouldn’t be used thoughtlessly. Although legislation seems to be a step behind technology, the misuse of AI risks opening the door to serious legal complications for federal employees and employers. If you’re concerned about AI compliance in your workplace, contact the Federal Employment Law Firm of Aaron D. Wersing PLLC. Aaron Wersing has spent years helping federal employees understand and exercise their rights under complex government employment regulations. Contact our office to schedule a consultation and learn more.

Oct 15, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

How To Find The Best Federal Employment Lawyer For My Case

Many federal employees aren’t sure where to start when it comes to qualified legal representation. There’s no shortage of attorneys focusing on employment law in almost any given city or state. However, attorneys with only private-sector employment law experience generally don’t have the knowledge and insights to support federal workers properly. Finding an advocate who understands federal employment law’s unique rules, regulations, and challenges is essential to help you protect your rights and livelihood during a workplace dispute. This blog post will guide government workers through locating the best federal employment attorney for their needs. We’ll explain some strategies for identifying qualified federal employment attorneys in your area. We’ll also discuss how to evaluate potential candidates and, ultimately, how to find the best employment lawyer for your situation. How to Find the Best Employment Lawyer for Federal Workers If you’re a government employee, the best employment lawyer for your needs will come from a federal employment law firm. Federal employment attorneys are trained in the complex regulations and unique policies that govern the federal workforce nationwide. Their knowledge is crucial when navigating various workplace issues that government workers may face, including whistleblower retaliation, Equal Employment Opportunity (EEO) claims, Merit System Protection Board (MSPB) hearings, and disability retirement appeals. Let’s look at some strategies you can use to search for firms that focus on federal employment law. Attorney Referrals Ask a trusted legal professional if they can recommend a law firm that specifically serves federal employees. Even if the recommending attorney doesn’t practice federal employment law, they may still have connections to colleagues or others with experience in the field. State Bar Association Many state bar associations have directories of members organized by practice area. Contact the bar association in your area and ask for referrals to firms or individuals in federal employment law. Federal Employee Unions If you’re a member of a federal union, ask your local office if they have a list of preferred attorneys known for representing federal workers. Many federal unions have connections to trusted legal advocates who regularly advise or serve members. Employment Attorney Websites A digital search engine can also be helpful for government employees looking for legal professionals. Even if no federal employment lawyers are in your immediate area, that’s not necessarily a problem. Since government workers are subject to federal law, an attorney or firm doesn’t have to be in your state to advise you. When examining an employment law firm’s website, watch for who they serve. Some firms may practice employment law generally and say they can help federal workers. However, your best bet is an advocate focusing exclusively on federal employment law. How to Ensure You Hire the Best Federal Employment Attorney for Your Case Finding a federal employment lawyer is just the first step. Here are some steps to help ensure they’re the best fit for your specific needs. Look into Their Background and Credentials A federal employment attorney’s website can tell you much about the firm and its experience. Read up on their education, past cases, professional memberships, awards, and any special credentialing. It’s also important to ensure they have experience in the specific area where you need help. Do they regularly serve government employees facing MSPB actions? What type of EEO claims have they handled? What kinds of results have they won for their clients? The best federal employment lawyers shouldn’t be shy about sharing their track record of successful cases. Read Reviews and Testimonials Look for testimonials from recent clients who’ve sought guidance for issues similar to yours. Law firms include these directly on their websites, but you can also find them through third-party platforms. However, when reading anonymous reviews, take what you see with a grain of salt. Disgruntled former clients or rivals can use these sites to unfairly harm a firm’s online presence. Schedule a Consultation Directly speaking to an attorney is important to ensure they’re the right advocate for you. During your initial consultation, be ready to explain your workplace issue in detail and to ask questions such as: Pay attention to how your attorney responds to your story and questions. Communication and trust are essential for any successful attorney-client relationship. Look for an advocate who listens carefully and provides honest answers to your questions about potential outcomes and costs. Award-Winning Service for Federal Employees At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we know firsthand that federal employment disputes are often complex affairs with high stakes. When your livelihood is on the line, don’t settle for generic employment advice. Attorney Aaron D. Wersing has spent years guiding federal employees through countless workplace issues, from hostile work environments to licensure disputes to MSPB actions. With his training and on-the-ground experience with federal employment policy, he has the insights to help you understand and exercise your unique rights as a government worker. Contact our office today to schedule a consultation and learn more about how we can help you.

Oct 14, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Federal Employee Misconduct

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

Oct 14, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

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

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

Sep 25, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

Can a Federal Employer Prohibit Employees from Dating

Navigating a workplace romance can be tricky, especially as a federal employee. Are you a federal employee wondering, Can you get fired for dating a coworker? Or questioning, can employees date each other within a federal agency? If so, keep reading. We’ll explore these questions, clarify federal employee dating policies, and review what you should know about the potential consequences of dating a coworker. What Is the Federal Employee Dating Policy? Federal employees must adhere to their agency’s rules and policies when dating a coworker. While the Office of Government Ethics (OGE) Conflict of Interest Guidelines prohibit certain federal supervisors from supervising employees they are in a romantic relationship with; the government does not generally have a federal employee dating policy prohibiting federal employees from dating each other. However, each agency may have specific guidelines or dating policies that outline acceptable conduct, potential conflicts of interest, and any consequences for failing to comply. Why Do Some Federal Employers Have a Restrictive ‘Dating Coworkers’ Policy? Most federal employee dating policies focus on the following: A restrictive dating coworkers policy ensures that employers closely monitor employee relationships and that employees follow ethical guidelines to safeguard a professional environment. Can You Get Fired for Dating a Coworker? Many federal employees wonder, Can you get fired for dating a coworker? In the federal workplace, the answer depends on several factors, including the relationship’s nature, the individuals’ positions, and whether the relationship violates specific agency policies. While there isn’t a universal federal rule that strictly prohibits dating a coworker, if the relationship leads to a conflict of interest or violates the agency’s dating coworkers policy, it could result in disciplinary action, including termination. Most federal agencies also have policies that include the following guidelines: If a relationship creates an actual or perceived conflict of interest, fails to be disclosed according to the agency’s policy, or otherwise disrupts the workplace, the employer might consider dismissal an option. What Are Some Practical Tips for Federal Employees Dating a Coworker? If you’re a federal employee dating or considering dating a coworker, here are some practical tips to stay compliant with workplace policies: If you follow these guidelines, you may be able to engage in a romantic relationship without jeopardizing your federal career. However, it’s always wise to approach workplace relationships cautiously and understand their potential implications and consequences. The Federal Employment Law Firm of Aaron D. Wersing PLLC: Your Employee Rights Defender Are you curious about the ethics of dating a colleague in a federal workplace? At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we are proud to be an AVVO Clients’ Choice Award winner specializing in federal employee law. Our dedicated team understands federal employees’ unique challenges and is committed to safeguarding your rights and career. Whether you need advice on workplace relationships or representation in a complex legal matter, we’re here to help. Contact us today and take the first step toward securing your professional future.

Sep 25, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal EEOC

Ten Mistakes to Avoid When Filing an EEO Complaint

Equal Employment Opportunity (EEO) claims are serious steps toward seeking justice for workplace discrimination, harassment, or retaliation among federal employees. However, the EEO complaints process can be complex and present potential difficulties. Avoiding Equal Employment Opportunity Commission (EEOC) position statement mistakes and being realistic about your chances of winning an EEOC case are just a few mistakes federal employees often make. It’s smart to know how to avoid common errors to enhance your chances of winning an EEOC case. What Ten Common Mistakes Do Employees Make When Filling EEO Complaints? 1. Filing a Complaint on Your Own Navigating the EEO complaint process requires experience. Going at it alone might save you money in the short term but could cost you more in the long run, especially if the EEOC dismisses your case. The Federal Employment Law Firm of Aaron D. Wersing PLLC can help you understand your rights, avoid errors, and build a stronger case. We’ve handled numerous EEO complaints and can provide invaluable guidance from the outset. 2. Failing to Understand the EEO Complaint Process The EEO complaint process involves several steps, including informal counseling, formal complaints, investigations, and possibly hearings. Failing to understand these stages can lead to critical mistakes, such as not participating fully in the informal counseling stage or misunderstanding the deadlines for filing at each step. 3. Failing to Act Quickly Federal employees have 45 days from the date of the discriminatory event to contact an EEO counselor. The EEO Counselor will give you the choice of participating either in EEO counseling or an alternative dispute resolution (ADR) program. Upon receiving notice from your EEO counselor, you have 15 days to file a formal complaint against the agency if you cannot resolve the dispute during counseling or ADR. Moreover, if you plan to request a hearing, you must make your request within 30 days from the day you receive notice about your hearing rights. Finally, if you plan to appeal the agency’s final order, you must file your appeal no later than 30 days after you receive it. 4. Lack of Specificity in EEO Complaints Complainants must provide dates, names, and incidents related to the alleged discrimination. The EEOC is less likely to take vague complaints seriously, so it may not survive the initial review process. To avoid this mistake, ensure your complaint clearly outlines who did what, when, where, and how it affected you. 5. Making Inappropriate Statements in the Position Statement One common EEOC position statement mistake is incorporating irrelevant or inflammatory statements. Statements that are overly emotional, accusatory, or lack supporting evidence can hurt your credibility. Focus on providing factual, concise, relevant information that directly supports your claim. 6. Overlooking Retaliation Risks Filing an EEO complaint can result in employer retaliation by the employer, despite its illegality. Ignoring this possibility or not documenting retaliatory actions can weaken your case. If you face retaliation, document it thoroughly and consider amending your complaint to include these new claims. 7. Failing to Preserve Evidence Failing to preserve emails, text messages, documents, or witness statements that support your claim can severely impact your case. The moment you suspect discrimination, gather and store all relevant evidence. This documentation will be vital as you move through the various stages of the EEO complaint process. 8. Not Preparing for the Hearing Often, federal employees underestimate the importance of thorough preparation, such as understanding legal procedures, gathering witnesses, and organizing evidence. If you reach the hearing stage, treat it with the seriousness it deserves and prepare meticulously. 9. Misjudging the Chances of Winning an EEOC Case EEO cases are challenging and often require substantial evidence and persistence. Understanding the potential hurdles will allow you to manage expectations more effectively and develop a realistic strategy. 10. Not Knowing When to File a Lawsuit Instead You must go through the administrative complaint process before filing a lawsuit. However, you can quit the process and file a lawsuit in court at several specific points. A skilled attorney can help you make this determination. Contact the Federal Employment Law Firm of Aaron D. Wersing PLLC Today Facing an EEO complaint on your own can be risky. At the Federal Employment Law Firm of Aaron D. Wersing PLLC, an AVVO Clients’ Choice Award winner, we specialize in federal employee law, including EEO cases. We can help you understand your rights, avoid common mistakes, and strengthen your case for the best possible outcome. Don’t leave your EEO case to chance—contact us today and get the experienced representation you need.

Aug 15, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Bullying In The Workplace Under Federal Law

If you have suffered bullying in the workplace, you might be able to receive relief under federal law if the bullying has certain characteristics. As a federal employee, you can maintain legal action for bullying if that bullying also qualifies as harassment under Title VII of the Civil Rights Act, the Americans with Disabilities Act, or the Age Discrimination in Employment Act. If you are unsure if bullying at work is actionable, don’t resign yourself to the stress and fear, contact an experienced workplace bullying lawyer immediately for help. You do not have to tolerate working in a hostile work environment, let alone any workplace bullying. Is Workplace Bullying Illegal? It depends. Federal laws on workplace bullying are really laws against harassment. Employment bullying qualifies as illegal harassment if it’s a condition to continue your employment or it’s severe and pervasive enough for a reasonable person to consider it hostile. Bullying cannot be illegal harassment unless it’s unwelcome conduct motivated by one of the following factors: Your employer can be guilty of harassing you for being a member of a protected group mentioned above or for perceiving you to be a member of a protected group. Your employer can be liable for harassment committed by a supervisor, one of their agents, a co-worker, or a non-employee. You also don’t have to be the person harassed to maintain a legal action. If harassment of another person affects you, you could have a claim. Can You Sue For Workplace Bullying? You may be wondering, can you sue for workplace bullying? Yes. Legal action against workplace bullying is available to you if the bullying fits the definition of harassment under federal law. However, federal employees can bring workplace bullying lawsuits only after they have followed the steps to make an administrative complaint with the federal Equal Employment Opportunity (EEO) office. What Is the Procedure for Filing Workplace Bullying Complaints and Workplace Bullying Lawsuits? There are many steps on the way to filing a lawsuit against your employer for harassment. Suing for workplace bullying can be a complicated process, and a lawyer for workplace bullying can help you fulfill every step. 1. Filing a Workplace Bullying Complaint If you are a federal employee, bullying in the workplace law requires that you first reach out to an EEO counselor at your employer’s agency within 45 days of suffering harassment. You can either take part in counseling or alternative dispute resolution (ADR). If ADR or counseling doesn’t solve the problem, you can file a formal complaint with your agency’s EEO office. You have 15 days after receiving an EEO counselor’s filing notice to file a complaint. The agency can either dismiss your complaint for procedural reasons, or conduct an investigation. The agency has 180 days to investigate. After investigating, the agency gives you a notice about asking for a hearing or issuing a decision about whether there was discrimination. If you want a hearing, it is held before an administrative law judge. You have 30 days from the agency’s hearing notice to file for a hearing. You can request a hearing in writing or online. After the judge makes a decision, the agency gets 40 days to decide if they are going to grant you relief that the judge orders. This decision is called a final order. If you don’t agree with the final order, you can request an appeal within 30 days. You can also ask for reconsideration of the appeal decision within 30 days. If you follow the procedure correctly, you have many chances to get justice against harassment. An experienced attorney for workplace bullying can preserve your rights at every level of the process. How To File A Workplace Bullying Lawsuit Once you have been through the administrative complaint and appeals process, you can file a bullying-at-work lawsuit. There are a number of different times when you can file a lawsuit, depending on the situation. To file a lawsuit against your employer for violating laws against workplace bullying, you have to follow these timelines: A workplace bullying attorney can determine if the time is right for you to file a lawsuit and champion your rights to a safe workplace in court. If you are curious about workplace anti-bullying laws by state, many of them are similar to the federal laws (though deadlines and procedures vary). But you must follow the federal procedures above if you are a federal employee. Contact Our Federal Employment Attorneys for the Protection You Need Please remember that you don’t have to endure every hostile behavior at work to receive a paycheck, and you should not have to work in a hostile work environment. The workplace bullying lawyers at the Federal Employment Law Firm of Aaron D Wersing PLLC are experienced in federal employment law and dedicated to protecting federal employees’ rights. Contact us online or call us at 866-508-2158 for the guidance and protection you need.

Aug 6, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

Overtime Rules & Regulations for Federal Employees

The right to overtime pay is one of the most cherished labor protections granted by federal law. Both public and private sector employees have the right to overtime pay for work done beyond their designated hours. However, government employees face a different and more complex set of rules around overtime under federal law than their private counterparts. Understanding these rules is essential to ensure your agency compensates you fairly for your work. In this blog post, we’ll explain the basic rules governing overtime pay for federal employees. We’ll also cover who is eligible for overtime, how rates are calculated, and what limitations apply to this compensation. Understanding Federal Employee Overtime Rules Two laws govern how federal employees can receive overtime pay: the Fair Labor Standards Act and Title 5 of the U.S. Code of Federal Regulations. The Fair Labor Standards Act (FLSA) is the major law that provides the foundation for wage, hour, and overtime rules many private and public employees enjoy today. All federal employees are assumed to be eligible for the rights and benefits of the FLSA unless they fall under one of the stated exemptions. Federal overtime laws for salaried employees not covered by the FLSA are found under Title 5 of the U.S. Code of Federal Regulations. Each law uses a different process to calculate a federal employee’s overtime pay. FLSA Overtime Under the FLSA, nonexempt federal employees are eligible for overtime pay for time worked beyond the standard 40-hour workweek. Calculating FLSA overtime works differently for federal employees than private employees. For federal employees, overtime pay is a combination of: It helps to understand the terms “straight-time rate of pay” and “hourly regular rate of pay,” as these have specific meanings as used in these laws. Your “straight-time rate of pay” is your basic, employer-determined wage, e.g., $25.00/hour. By contrast, employees can calculate their “hourly regular rate of pay” by dividing the total compensation (special rate supplements included) they receive in a workweek by the number of hours they work in a week. Why is there a difference between these two rates? Federal law entitles employees to premium pay rates for working on Sundays, nights, and under other special circumstances. FLSA overtime calculations consider the supplementary earnings from those hours when determining overtime for a given workweek. The DOL overtime rule works the same for nonexempt federal employees who aren’t paid hourly. Nonexempt salaried workers can determine their “straight time rate of pay” by simply dividing their annual income by 2,087 (the number of hours federal employees work in a year). Title 5 Overtime Under Title 5, federal workers exempt from the FLSA can receive supplemental compensation for “officially ordered or approved” hours beyond the 40-hour workweek. An employee’s Title 5 overtime rate depends on where they fall on the General Schedule (GS) payscale. Employees whose income falls below GS-10, step one, are entitled to receive time-and-a-half (1.5 times) their hourly pay rate for any overtime work. For example, an exempt federal employee whose hourly rate is $23.00/hour would be entitled to $34.50/hour for each hour of approved overtime. Overtime for an employee whose income is above GS-10, Step 1 can go one of two ways: The employee will be paid whichever of these two rates is higher. What Is the Overtime Cap for Federal Employees? There are some limits to the amount of overtime certain federal employees can earn in a given pay period. Under Title 5, a GS federal employee can’t receive so much premium pay that their biweekly rate would exceed whichever of the following is greater: This limit takes into account all forms of premium pay, not just overtime. For example, it includes Sunday premium pay, night pay, holiday pay, etc. However, these limits only apply to GS employees earning Title 5 overtime, not FLSA overtime pay. Skilled Advocates for Federal Employees Overtime pay is vital to ensure that employers compensate you adequately. If your employer does not pay your designated overtime, federal law gives you the right to pursue legal action. The Federal Employment Law Firm of Aaron D Wersing PLLC has spent years fighting for government employees who are denied rightful compensation and benefits. With deep knowledge of FLSA and Title 5, our attorneys are prepared to help you understand and assert your rights to fair pay. To learn more about how we can help you with an overtime-related dispute, contact our office today.

Jul 8, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Common Reasons for Disciplinary Action for Federal Employees

When you’re a federal employee, even a single disciplinary action can be enough to leave you without a job or a future career in government. That’s why employees need to understand the unique structure of the federal government’s employee discipline system and the typical behaviors that can trigger penalties. In this blog post, we’ll explain how discipline works for federal employees, outline some common reasons for disciplinary action, and discuss what to do if you’re facing an employer’s sanction. Types of Federal Employee Disciplinary Actions The disciplinary process works differently for federal employees than for private-sector workers. Under federal employment law, disciplinary action refers to a formal penalty issued against an employee by their agency. The federal Merit Systems Protection Board (MSPB) is the main body that regulates and enforces these sanctions. Individual agencies may also take additional adverse actions against employees who fail to meet standards of conduct or performance. However, different procedural rules may apply in those situations. Let’s look at the four types of disciplinary actions federal employees can face. Letter of Reprimand A letter of reprimand is a formal notice from your employer intended to document an issue with your behavior or performance. Although it generally doesn’t impact your pay or status, a reprimand letter will be on your employee record. Unlike the other disciplinary actions, your boss doesn’t have to give you advance notice before it happens. Suspension Suspended federal employees can’t work or receive pay. Suspension can be temporary (e.g., one week or one month) or indefinite. Employees may also be banned from using other employment privileges during this period. Demotion A demotion generally reduces rank, grade, or pay level within the federal system. In some cases, demotion could also involve reassignment to less favorable tasks as punishment for wrongdoing or misbehavior. Termination It’s a common myth that federal employees can’t be fired. Unfortunately, this is far from true. Although termination is saved for the most severe cases of federal employee misconduct, it does happen. Unlike in the private sector, terminating a federal employee is generally an extended administrative process. Federal employees typically can’t be removed with a valid reason or “cause.” Employees also have the right to appeal through the MSPB. Reasons for Disciplinary Action Against Federal Employees The reasons for federal disciplinary actions generally fall into two categories: performance issues and misconduct. Performance As in the private sector, many performance-related situations could lead a federal employee to experience disciplinary action. Examples can include: If the problem is severe enough, any of these could be a valid reason for a federal employee to lose their job. However, your agency will generally give you a reasonable opportunity to remedy your performance issue before removing you entirely. Misconduct Misconduct generally happens when an employee intentionally violates a rule, policy, regulation, or standard of conduct expected of federal workers. Common examples of misconduct that can lead to an employee disciplinary action include: This is not an exhaustive list. Many other purposeful violations of federal regulations can result in employee disciplinary actions. The specific action you’ll face depends on numerous factors, including the nature of your wrongdoing, your job role, and your disciplinary history. What to Do About a Proposed Disciplinary Action at Work Unlike private-sector employees, federal workers generally have the right to respond to and potentially reverse any proposed disciplinary actions. Here are some steps you can take if you’re facing employer sanctions: Federal employees facing disciplinary actions also have the right to representation from a lawyer. An attorney trained in federal employment law can provide valuable guidance when dealing with a proposed disciplinary action. A legal professional can review the charges and evidence against you and help you prepare a strategic response. They can also represent your case if you file an MSPB appeal. The Legal Advocate Federal Employees Trust Receiving notice of a proposed disciplinary action can be confusing and intimidating. However, federal employees facing employer disciplinary actions still have rights. If you’re reeling in the wake of an employer’s sanction, contact the Federal Employment Law Firm of Aaron D. Wersing PLLC. Attorney Aaron Wersing has spent years helping government workers understand and exercise their unique rights as federal employees. He’s helped hundreds of clients combat illegal retaliation, reverse suspensions, and resolve numerous other employment disputes. Contact our office today to learn more about how he can help you.