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. Agencies must provide notice and a chance to respond before disciplinary action. Employees often have the right to union representation and can appeal AWOL decisions through official procedures. 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...

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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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Dec 26, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Conduct Unbecoming Charges for Federal Employees

There’s an almost endless number of disciplinary charges that you can face in the government. Together, these various charges cover almost the whole range of possible behaviors that justify disciplinary action. However, federal agencies will sometimes use the more general charge of “conduct unbecoming” against employees for situations not specifically covered by other rules.  Facing this charge is tricky because the legal analysis has a couple of unique wrinkles. We’ve prepared this article to help equip you with the information you need to understand this charge and craft a solid defense. That said, if your federal employer charged you with unbecoming conduct, contact one of our outstanding MSPB attorneys immediately. What Is Conduct Unbecoming for an Employee? The phrase “conduct unbecoming an officer and a gentleman” originated from military codes. The Articles of War (1872) stated that officers behaving scandalously would be cashiered. The Naval Discipline Act of 1860 also referenced “conduct unbecoming the character of an officer.” “Conduct Unbecoming” covers misconduct that doesn’t fit other agency charges and lacks defined elements, unlike specific offenses such as “Failure to Follow Instructions” or “Misuse of a Government Vehicle.” Thus, in contrast to most disciplinary charges, conduct unbecoming is a non-specific charge. This has some potent legal implications. For one, it means that the charge has no specific elements. All your employer has to do is show that you committed the alleged conduct and that the conduct negatively affected your employer in some way. The Merit Systems Protection Board (MSPB) has previously tried to give some definition to the phrase “conduct unbecoming of a federal employee,” saying that it must somehow be “unattractive” or create “an unfavorable impression.” But there’s an obvious problem here. Not everyone will agree on what creates an unfavorable impression. For instance, your neighbor might find it offensive for you to listen to hip-hop music in your garage, even though most people have no problem with it. Unfortunately, this inherent ambiguity allows bad actors to use this charge to persecute federal employees for illegal and discriminatory reasons.  Conduct unbecoming an officer involves a higher level of dishonor or discredit than mere prejudice to good order and discipline. When a servicemember acts in a manner unbecoming an officer, they inherently engage in conduct discrediting the service or prejudicial to good order and discipline. Examples of Conduct Unbecoming  Fortunately, the MSPB often reviews cases involving allegations of conduct unbecoming a federal employee. Let’s review these examples to get a sense of what this term actually means in real-world situations. In 1992, the MSPB affirmed the agency’s charge of conduct unbecoming after an employee killed a deer with his government vehicle. A few years later, the MSPB upheld a conduct unbecoming charge against an employee who spoke to one of his subordinates in a physically intimidating and threatening way. The charge has also been successfully used against a supervisor who sexually harassed co-workers and other agency employees. Therefore, your agency might use that charge against you for things like swearing in the workplace or pranking a co-worker.  What Do I Do If My Employer Charges Me with Conduct Unbecoming? There’s actually a wide variety of strategies you can use to defend yourself against a charge of conduct unbecoming. First, you can contest the underlying behavior. In many cases, this is the easiest strategy to pursue because it saves you the need to argue about whether the behavior was actually “unbecoming.” Alternatively, you can attack the charge on due process grounds by arguing that the accusations are too vague to allow you to defend yourself. When you read the proposal letter, check whether your agency included the following: If the charge is missing one or more of these elements, then you may be able to mount a successful due process defense. You can also defend yourself on due process grounds if your agency doesn’t let you respond to the charge or fails to show you the evidence it relied upon. Finally, you can defend yourself by asserting that your agency is taking action for discriminatory or harassing reasons.  Whatever defense you think might be best in your case, you should consult a qualified federal employment attorney right away. Let Us Give You the Legal Service and Service You Deserve It’s hard to overestimate the importance of your federal career. If your employer successfully charges you with conduct unbecoming, it can leave a black spot on your record that can torpedo your future opportunities. Don’t let that happen. Instead, defend your rights and clear your name.  If you’re defending yourself against any kind of federal discipline, don’t go it alone. Let the Federal Employment Law Firm of Aaron D. Wersing PLLC be your guide. Our dedicated team is here to ensure that you’re safeguarded against any conduct unbecoming charges and that your employer respects your rights as a federal employee. We recognize the immense contribution federal employees make to our nation through public service. Consequently, it’s our priority and passion to help you uphold the integrity of your career. Driven by our strong commitment to supporting federal employees, we welcome the opportunity to discuss how we can assist you. So don’t hesitate to reach out for the guidance you deserve. Connect with us today by calling us or reaching out online.

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Dec 17, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Settlement Agreements at the MSPB

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

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Nov 22, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

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

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

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Nov 12, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Religious Accommodations for Federal Employees

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

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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.

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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. 

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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.

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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.

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