Jul 5, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Can Federal Employees Be Fired for Talking About Wages?

Many of our clients wonder whether a casual conversation about their pay may have played a role in their disciplinary action. Consequently, we’re often asked, Can federal employees be fired for talking about wages? The short answer is no. Federal law protects federal employees from termination or punishment simply for talking about their wages. In fact, private-sector employees receive the same protections. However, the legal mechanisms that protect federal employees are different from the protections for private-sector employees. In addition, they are somewhat more complex. If you’re curious about how the law protects you as a federal employee, you’ll want to read this article. We’ll discuss the nature of federal employee discipline, your rights as a federal employee, and the ways in which the federal workplace protects your right to discuss your salary. If you have more questions or need legal assistance, it’s best to contact a qualified federal employment attorney right away. Why Can Federal Employees Talk About Wages? Although it’s critical to know your rights as a federal employee, it’s also important to know why you have those rights. The reason you can discuss your wages without fear of retaliation is because of the very nature of the federal service. To understand the federal service, let’s first briefly examine how employment works in the private sector. Private-Sector Employment Protections: Few and Far Between In the private sector, most employees work at will. At-will employment means that the employer can fire the employee at any time and for any reason. The only exceptions are illegal reasons. These illegal reasons have been defined by various laws over the past few decades. Examples of illegal reasons to fire private-sector employees include things like: Again, there was a time when these protections did not exist. Prior to the passage of the Civil Rights Act of 1964, an employer could fire an employee simply because the employee was black or white. And before Congress passed the Age Discrimination in Employment Act in 1967, an employer could fire you simply because they thought you were too old. While these laws provide some basic protections to private-sector employees, they still face arbitrary termination for many other reasons. If their employer fires them, that’s usually the end of the matter. However, private-sector employees enjoy the right to discuss wages because of the National Labor Relations Act of 1935 (NLRA). The Inherent Protections of Federal Employment Unlike private-sector employees, the Constitution grants federal employees a property interest in their federal employment. Because of that interest, a federal employee can only be fired after receiving due process. Due process is a phrase that is commonly used but rarely understood. Simply stated, due process is the specific way in which the government can deprive someone of their life, liberty, or property. If a federal employee loses their job without receiving due process, then their termination is illegal. Due process rights include several critical protections for federal employees. One of the most important is that federal employers can only terminate their employees for just cause. That means your employer cannot fire you at will. Instead, the burden falls on them to show that they have a legitimate reason for firing you that relates to the efficiency of the federal service. Practically speaking, that means they need to show either your performance is consistently poor or that you committed some act of misconduct, like not showing up to work or threatening another employee. Simply talking about your wages does not relate to the efficiency of the service. For that reason, your employer cannot fire you simply for discussing your wages. The Role of the Federal Service Labor-Management Relations Statute Aside from due process rights, there is a specific law that grants extra protection to wage discussions in the federal workplace. That law is the Federal Service Labor-Management Relations Statute (FSLMRS). Congress passed the FSLMRS in 1978 to regulate and improve labor relations in the federal government. The FSLMRS ensures federal employees the right to organize, bargain collectively, and participate through labor organizations of their choice in decisions affecting their working conditions. These overarching rights include the right to discuss your wages and other aspects of your job. In this sense, FSLMRS is similar to the NLRA. However, whereas the FSLMRS specifically applies to federal employees, the NLRA covers private-sector employees. So Can an Employer Ever Fire You for Talking About Your Pay? While federal employers cannot fire their employees for discussing wages, they can take disciplinary actions against employees who commit misconduct while talking about their wages. For instance, you may face discipline if you disrupt your workplace by openly taunting another employee who makes less money than you. Another example would be insulting your boss at a team meeting because you think your wages are too low. Need Legal Assistance? We Can Help. We hope that you can rest easy now that you know the answer to the question, Can my employer fire me for talking about my salary? However, agencies do not always understand the law, and some agencies openly ignore the law. When that happens, they may try to take illegal action against you because you discussed your wages with another employee. If you find yourself in that situation, get legal counsel right away. Our attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, only represent federal employees. That means they have extensive knowledge regarding every kind of legal issue in the federal workplace, including retaliatory disciplinary actions. On top of that, we strive to provide you with the outstanding customer service you deserve. So don’t wait. Contact us today to schedule an initial appointment.

Jun 9, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Disability

Disability Rights for Federal Employees: Understanding Your Rights

Our society is constantly changing. However, ensuring equitable rights and opportunities for everyone is still a top priority. This includes individuals with disabilities. If you are a federal employee with a disability, then you need to know about the full scope of your rights. Let’s explore the existing federal laws and how they protect you in the workplace. Have more questions after reading this article? Contact an experienced federal employment attorney today. What Are My Rights as a Disabled Employee? There are a significant number of disability rights for federal employees. Most of these rights stem from two laws: the Americans with Disabilities Act and the Rehabilitation Act. The Americans with Disabilities Act (ADA) The ADA is a comprehensive civil rights law that was first enacted by Congress in 1990. It prohibits discrimination based on disability across various public and private sectors. Just a few examples are employment, transportation, and telecommunications. That means you cannot receive different treatment just because you have a disability. However, to receive protection under the ADA, an individual must have a disability. In the context of the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activities. You are also considered disabled under the ADA if you: Title I of the ADA is particularly useful for federal employees. This section requires employers with more than 15 employees to provide equal employment opportunities to qualified disabled individuals. This includes non-discrimination in recruitment, hiring, promotions, training, pay, social activities, and other aspects of employment. Employers must also provide reasonable accommodations for employees with known disabilities. The only exception is when accommodating the employee would cause undue hardship for the employer. The Rehabilitation Act of 1973 Although the ADA has broad applicability to all kinds of employers, the Rehabilitation Act explicitly targets federal sector activities. Section 501 of the Rehabilitation Act prohibits federal agencies from discriminating against qualified individuals with disabilities. It also mandates federal agencies to take proactive steps in hiring, placing, and advancing individuals with disabilities. The Rehabilitation Act’s legal standards for discrimination in the federal workplace are the same as those standards in the ADA. Of particular note for federal employees is Section 504. This section stipulates that no qualified individual with a disability shall suffer discrimination through any program or activity receiving federal financial assistance. Similarly, individuals with disabilities cannot be the target of discrimination under any program or activity conducted by any executive agency or the United States Postal Service. Just like the ADA, the Rehabilitation Act calls for reasonable accommodation for known physical or mental limitations unless such accommodation would impose an undue hardship on the operations of the recipient’s program. Interplay Between the ADA and the Rehabilitation Act As you may have already noticed, the Rehabilitation Act and ADA complement each other very well. Although the ADA does not cover federal agencies in the executive branch, the Rehabilitation Act fills this gap. In doing so, it extends protections to federal employees similar to the disability rights for employees under the ADA. Federal employees can lodge any discrimination complaint with their agency’s Equal Employment Opportunity (EEO) counselor within 45 days of the discriminatory action. It’s also worth noting that Congress significantly broadened the ADA’s definition of disability under the ADA Amendments Act (ADAAA) in 2008. Part of the reason for the ADAAA was to align the ADA more closely with the Rehabilitation Act’s broader scope. This was a significant milestone in ensuring that the laws fully encompass those they were designed to protect. The Takeaway for Federal Employees In essence, federal employees with disabilities receive protection from two robust laws – the ADA and the Rehabilitation Act. Both laws work toward ensuring equal opportunities, inclusivity, and fair treatment inside and outside the federal workplace. However, the path to justice starts with awareness. Knowing your rights under these laws is the first step in maintaining a fair and equitable workplace. Whether it’s about seeking a reasonable accommodation or combating discriminatory practices, don’t hesitate to assert your rights. A disability does not define your potential or your worth, and the law is here to uphold your right to equal treatment under the law. Get the Legal Help You Need Today At the Law Office of Aaron D. Wersing, PLLC, our outstanding legal team possesses a deep understanding of disability rights for federal employees. We can also help you determine whether you are eligible for federal employee disability retirement benefits. Whatever the exact issue, we are deeply committed to supporting federal employees with disabilities. Our highest priority is to ensure they receive the rights given to them by the law. During your consultation, our lawyers will work to hear your concerns and outline your legal options. Stand up and defend your legal rights today. Schedule your consultation by calling us at 866-612-5956 or visiting our website.

Jun 5, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

Federal Employees Health Benefits (FEHB) Overview

There are a variety of work-related benefits for federal employees compared to those employees working in the private sector. Chief among these benefits is the government’s health benefits. However, understanding the nuances of your healthcare benefits as a federal employee is essential if you want to make the most of them. Furthermore, these benefits often influence both your present and future well-being. Consequently, we’ve developed this overview of the Federal Employees Health Benefits (FEHB) program. Read on to learn more about FEHB and how it compares to healthcare options for private-sector employees. What Is the Federal Employees Health Benefits Program? Throughout the many years we’ve practiced law, federal employees regularly ask us, What is the Federal Employees Health Benefits program? FEHB is one of the most comprehensive employer-sponsored health benefits programs in the United States. It caters to both current and retired federal employees, providing a broad spectrum of health insurance plans. FEHB offers more than 200 health plan options. Various options include fee-for-service (FFS) plans, health maintenance organizations (HMOs), and point-of-service (POS) products. FEHB also offers high deductible and consumer-driven health plans. These options enable federal employees to choose a plan that best meets their health needs and budget considerations. Are Federal Employee Health Benefits Good? Absolutely. For one, the sheer extent of federal benefits is higher. This is one reason federal employees receive an estimated $6 to $8 per hour more in benefits than their private-sector colleagues. There are a number of other, more specific advantages to consider. One of the best facets of the FEHB program is its inclusivity. Regardless of your medical history or pre-existing conditions, FEHB guarantees your eligibility to enroll. This is a huge advantage because only 70% of private-sector workers had medical care benefits in 2022. Many of the remaining 30% face exclusion because of common pre-existing conditions. Furthermore, the FEHB program also extends coverage to your family members, including spouses and dependent children. FEHB Benefits: Better Coverage and Higher Competition Another benefit of the program is that it offers a wide range of coverage. FEHB plans offer coverage for things like: Moreover, FEHB offers nationwide and even worldwide coverage. This helps guarantee that federal employees and retirees maintain their benefits even when they relocate across the world. One more positive feature of FEHB is that it fosters competition among health plans. This results in competitive pricing and better coverage for employees and their loved ones. The government contributes a significant portion towards the premiums (up to 75%), making it more affordable for federal employees. Finally, government employees pay health premiums on a pre-tax basis, conferring a significant tax advantage. FEHB: The Benefits Continue in Retirement A significant highlight of the FEHB program is that it continues into retirement. This means that federal retirees can enjoy the same benefits they had when they were active workers for the federal government. That said, there are a few eligibility requirements. To maintain FEHB coverage in retirement, you generally need to have been covered by the program for the last five years of your federal service. If you have fewer than five years of federal service, you need to have enrolled in FEHB at the earliest opportunity when you started federal work. In general, retirees receive the same health benefits as active employees. Nonetheless, they pay slightly more for coverage because they do not receive the tax advantage as government workers. However, the government continues to pay a substantial share of the premiums. Still Curious to Learn More About Your Federal Health Benefits? Give Us a Call Today Now you know the answer to the basic questions on this issue, like, What is FEHB? Yet this article only provides a general overview of the FEHB and the benefits it offers. If you have more specific questions or need additional information, it’s best to contact an attorney. However, it’s important you contact a qualified federal employment attorney. No attorney can specialize in every area of law, so you need someone with years of experience with all aspects of federal employment law. Fortunately, you’ve come to the right place. Our team of professionals at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, is ready to meet any federal employment need. We want you to feel secure in your federal health benefits and in every other benefit you enjoy as a federal employee. We recognize that federal employees do the nation a great service by dedicating themselves to public service. Therefore, it’s important to us that you enjoy every facet of your federal benefits. Our experienced legal team is ready to fight for your rights and the compensation you deserve. You can get in touch with us by calling us at 866-612-5956 or contacting us online.

Mar 10, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Filing Workers’ Comp for Stress and Anxiety—What Federal Employees Should Know

Most federal workers are familiar with the workers’ compensation program, operated by the Office of Workers’ Compensation Programs (OWCP). The OWCP allows for workers who suffer a work-related injury to obtain medical and income-replacement benefits while they are unable to work. What fewer people know, however, is that federal employees can also obtain workers’ compensation for mental health disorders as well. Read on to learn more about when you can get workers’ comp for stress and anxiety. If your federal employment is responsible for causing or exacerbating a mental health condition, you may be eligible for workers’ compensation benefits. At the Law Office of Aaron D. Wersing, we proudly help government employees who were injured on the job obtain the benefits they need and deserve. With extensive experience handling a wide range of workers’ compensation cases, including many involving mental health diagnoses, the Law Office of Aaron D. Wersing is well-equipped to effectively handle your claim. Stress and Anxiety in the Workplace Stress Stress is the body’s normal response to emotional or physical tension. In some cases, stress can help you overcome obstacles that you may not have otherwise been able to overcome. However, in larger amounts, stress can be detrimental to a person’s physical and mental well-being. According to a recent survey done by the American Institute of Stress, 80% of workers experience high levels of stress in the workplace. And roughly a quarter of all participants indicated that their job was the primary source of their stress. Of course, this may not come as news, as every job can occasionally be stressful. However, there is a point where the everyday stress of a job crosses the line and becomes something more damaging. Anxiety Generalized anxiety disorder is a mental health condition in which someone displays excessive anxiety or worry on most days, for a period of at least six months. Generalized anxiety disorder often seriously interferes with someone’s ability to live their life the way they intended. For example, common symptoms of a generalized anxiety disorder include the following. Panic attacks are another form of anxiety disorder in which someone experiences unexpected periods of intense fear that come on quickly and reach their peak within minutes. Symptoms of a panic attack include: Panic attacks can be very scary and sometimes require immediate medical attention. Can You Get Workers’ Compensation for Stress and Anxiety? Yes, federal workers can obtain workers’ compensation benefits for stress and stress-related conditions such as anxiety. However, there are a few things to keep in mind when considering filing an application for workers’ comp for stress and anxiety. If you have a diagnosis of anxiety, you will have an easier time obtaining benefits than if you are basing a workers’ compensation claim on stress alone. However, you will still need to show that your anxiety was either caused by your job or that your job exacerbated your existing case of anxiety. Applying for workers’ compensation benefits for stress is even trickier because there is often no diagnosis. When it comes to getting workers’ compensation for stress, consider the following questions. 1. Is The Stress Severe? Regular, everyday stress is not the type of stress that the OWCP is concerned with. Stress is a normal part of almost every job, yet not everyone can rightfully file a workers’ comp stress claim. Thus, to be eligible, you must show that your occupational stress is severe, to the point where it is more than you can withstand. 2. Is Your Job Objectively Stressful? If you find your job to be very stressful, but your colleagues do not, you may have a harder time qualifying for workers’ compensation benefits. This is because you must show that your stress is objective to obtain benefits. This means that others in a similar situation experience the same level of stress. So, if you are particularly susceptible to the stressors of your workplace, you may have a harder time obtaining workers’ compensation benefits for stress. 3. Is Your Stress Job-Related? To succeed in any workers’ comp stress claim, you must show that your injuries (physical or emotional) are related to your occupation. Stress is no exception. In fact, it is actually more difficult to prove stress is job-related because most people have other sources of stress in their life. For example, the OWCP may claim that your stress was caused by genetic factors or issues outside the workplace. Are You Suffering Severe Stress or Anxiety Related to Your Federal Employment? We Can Help You If you are a federal employee and are currently suffering from stress or anxiety, contact the workers’ compensation lawyers at the Law Office of Aaron D. Wersing for immediate assistance. At our federal workers’ compensation law firm, we represent federal employees in all types of work injury claims—including those involving mental health conditions such as stress and anxiety. Unlike many other local employment law firms, we represent only federal employees, giving us an unparalleled knowledge of the laws and regulations that govern our clients’ cases. To learn more, and to schedule a consultation, give us a call today. You can also reach us through our online contact form.

Jan 11, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

Does Title VII Apply to Federal Employees?

Since its passage, Title VII of the Civil Rights Act of 1964 has served as the cornerstone of federal anti-discrimination law. It prohibits discrimination based on race, religion, sex, national origin, and color for most private-sector organizations, as well as state and local government entities. Fortunately, Title VII applies to all federal employees. However, Article VII’s applicability to federal employees may limit their ability to bring other kinds of lawsuits for certain claims. Read on to learn more about the current status of Title VII for federal employees. If you have more questions, get in touch with a knowledgeable federal employment lawyer right away. Understanding the Basics of Title VII Before going any further, it might be helpful to briefly review exactly what Title VII does. If Title VII applies to an organization, that organization cannot discriminate against any person with regard to any term, condition, or privilege of employment. Practically speaking, this means that any form of workplace discrimination is completely outlawed by Title VII. Terms and conditions of employment include things like: Obviously, enjoying discrimination protections in these matters is essential. Title VII and Federal Employees Once again, if you are a federal employee, you need not worry whether Title VII applies to you. It applies to all federal agencies, regardless of their size or main location. Title VII also applies to applicants for federal employment, regardless of their citizenship or immigration status. That said, Title VII does not apply to Tribal nations, and it does not cover independent contractors. There is one major difference between federal employees and private-sector employees worth mentioning. While private-sector employees can file lawsuits for discrimination under Title VII, they may also file lawsuits relating to illegal discrimination under other laws. This may be preferable in certain situations because different laws may allow a person to recover more damages than Title VII. Federal employees, on the other hand, may resolve discrimination-related lawsuits only through Title VII claims. In the landmark 1976 case Brown v. GSA, the Supreme Court held that the only judicial remedy for federal employees is Title VII. For someone who has suffered from discrimination and is considering whether to file a lawsuit, the implications of this decision are enormous. If you fail to file your Title VII lawsuit within a certain amount of time after the discrimination, the court will probably throw your case out. This will leave you without any ability to get justice. Two Hypothetical Examples of Title VII Discrimination There is no limit to the forms that discrimination can take. It can be obvious or subtle, constant or periodic. Consider the two following hypothetical examples of discrimination in hiring and termination matters. Example #1 A man with a background in tax law applies for a federal tax attorney position. He seems very well qualified and makes it through the interview process. During the security check process, the hiring manager learns that the applicant has a restraining order against his former ex-wife for domestic abuse. Because the hiring manager believes that only women can be victims of domestic abuse and that men should be able to “man up” and protect themselves, she decides to reject the male applicant. Example #2 A woman from a conservative Christian religious background applies to work at the United States Postal Service (USPS) and gets the job. Shortly after she starts work, her supervisor informs her that she must wear pants as part of the USPS’s dress code policy. The employee believes that donning pants violates her religious beliefs and requests religious accommodation so that she can wear something more conservative. USPS refuses to make any accommodation and terminates the employee instead. Still Wondering About Title VII? Concerned About Discrimination? Let Us Help You Today Chances are, you’re wondering whether Title VII applies to federal employees because you are a federal employee suffering from discrimination. If that’s the case, we have good news for you. You have rights. You do not need to simply put up with discrimination. But if you are the target of discrimination, you need to seek legal counsel right away. There are many lawyers today that you could hire. But it is critical you hire the best attorney possible. Ideally, you want an attorney with extensive experience in federal employment matters, outstanding customer service, and a track record of success. At the Law Office of Aaron D. Wersing, PLLC, we pride ourselves on protecting and defending federal employees from all types of illegal discrimination. We have decades of experience helping federal employees stand up for their rights and careers. If you retain one of our attorneys, we promise to do everything we can to help you enjoy a fair and equitable work environment. We will also make every effort to see that you receive just compensation for your losses. Call us right away at 833-833-3529, or reach out to us online.

Dec 28, 2022 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Top Reasons Security Clearances Get Denied or Revoked

Obtaining and maintaining a security clearance is necessary for most federal positions. If you are a current federal employee, losing your security clearance is the easiest way to lose your federal career entirely. And for those who are applying to the federal service, having several public trust clearance disqualifiers on your record can torpedo even the most promising CV. As the old saying goes, “a penny of prevention is worth a pound of cure.” Taking a few moments now to understand how security clearances can be threatened may provide you with vital information later on. We’ll explore the four most common reasons security clearances get denied or revoked so you can succeed where others have failed. For those who have already made some of these mistakes, we will also touch on how you can mitigate their effects. If your employer is threatening to take away or revoke your security clearance, do not wait. Contact a federal employment lawyer immediately. Reason #1: Drug Use Drug use has consistently been the most common reason for security clearance revocation or denial. Since the 1980s, the federal government has applied a “zero tolerance” drug use policy in the workplace despite the legalization of some drugs in several states. In the past few years, many federal employees have lost their security clearances for using marijuana even though doing so was perfectly legal in the state they were working in. Several specific drug-related conditions that can cost you your security clearance include: There are a few ways you can mitigate drug involvement issues: You can also help mitigate a drug involvement issue by collecting positive character references from friends, former coworkers, and others who know you well. A qualified employment attorney can also help you manage drug-related security clearance issues. Reason #2: Personal Conduct The government’s definition of “personal conduct” is any general conduct involving “questionable judgment, untrustworthiness, unreliability, lack of candor, dishonesty, or unwillingness to comply with rules” that could indicate a person might not protect classified information. This is a broad definition that encompasses many different types of conduct and behavior. Some examples of concerning personal conduct include: You can mitigate these concerns by showing that: Of course, cooperating fully with security clearance personnel from the beginning is the best way to avoid running afoul of the personal conduct rule. If you are concerned about how to answer certain questions on a security clearance form, you should consider consulting with an attorney before submitting your responses. Reason #3: Financial Issues For this category, the government is concerned about people who have made questionable financial decisions, obtained money from unknown sources, or who are desperate for money. More specific conditions that may endanger your security clearance include: It’s also important to disclose all of your sources of income, especially if you have a nice car and house. Otherwise, the government may suspect you derive some of your income from unethical or criminal enterprises. Reason #4: Foreign Influence A major concern for the government is ensuring that all federal employees are only loyal to the United States. Dual citizenship or other factors which suggest allegiance to another country are problematic for obtaining a security clearance. You may have your security clearance revoked if you: To mitigate these issues, you can: Finally, make sure that any connections you have with citizens of other countries are casual and infrequent. Trying to Avoid a Revoked Security Clearance? Get Professional Legal Help Right Away. At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we are passionate about defending your rights as a federal employee, and we are committed to maximizing your chances of having a successful and productive federal career. We can represent you at every stage of the security clearance process and will go to great lengths to collect evidence that shows you are worthy of a security clearance. Over the years, we’ve represented countless federal employees in security clearance cases. Thanks to our services, many people have been able to save their security clearance. We have also helped people with checkered pasts meet the requirements for a secret security clearance. Although many people worry about the costs of hiring a lawyer, we do not want to let money prevent you from protecting your future. Reach out to us today by calling 866-298-1488 or online for help with your federal employment security clearance issues.

Dec 26, 2022 | By Aaron D. Wersing | Read Time: 5 minutes | Federal Employment Law

Security Clearance and Suitability Determinations

Whether you are a current or prospective federal employee, you will probably have to obtain and hold a security clearance. The federal suitability determination process for employees can seem like a black box. So federal employees naturally have many questions about the process, especially if they receive an unfavorable suitability determination. Read on to learn more about the security clearance process and suitability determinations made by the government. We will also cover what happens when you get an unfavorable suitability determination letter. If you have any other questions, consult a qualified federal employment attorney. How Does the Security Clearance Process Work? The federal government offers a meaningful career for many people. But for obvious reasons, the government needs to ensure that its own employees are stable, reliable, and loyal citizens. Without this mechanism, grave damage to national security and the functioning of the country could result. The government’s security clearance process has evolved over the decades to properly evaluate potential and current government employees. There are three national security clearance levels. Those three clearance levels are, from least to most secure: Each of these levels involves different levels of testing. The higher the security clearance, the more frequent and more thorough the testing for suitability determination. What Factors Affect a Suitability Determination? There are 13 factors that influence how the government evaluates a federal employee. Those factors are: Each one of these categories has specific conditions that, if true, may result in an adverse suitability determination. But there are actions you can take to help mitigate these negative conditions. Let’s explore some of these suitability factors in more detail so you can understand how the government makes suitability determinations. Allegiance to the United States Every suitability determination’s starting point is checking whether you have “unquestioned allegiance to the United States.” Disqualifying conditions related to this factor include: Obviously, all of these conditions are serious and seem clear-cut. Yet sometimes, well-meaning people can participate in an organization that has more malicious intentions. If you find yourself in a situation where you have an association with one of these organizations, you can mitigate the risk by showing you were not aware of the unlawful aims of the group and subsequently severed ties. You can also mitigate these concerns by showing that your involvement, even if intentional and knowing, was not recent. Emotional, Mental, and Personality Disorders For this category, government investigators will attempt to assess whether you have any emotional, mental, or personality disorders that make you unreliable or unstable. Some of the specific conditions that may disqualify you include: If your profile raises one or more of these concerns, you can mitigate those concerns by showing that you are currently healthy and that your emotional or mental instability was only temporary. Providing a recent opinion from a mental health professional stating your condition is cured or under control also helps. Personal Conduct “Personal conduct” is a vague phrase, so it’s a category worthy of further exploration. The government defines “personal conduct” as any behavior demonstrating “questionable judgment, untrustworthiness, unreliability, lack of candor, dishonesty, or unwillingness to comply with rules” that could indicate a person might not protect classified information. Here are a few examples of personal conduct that would concern government investigators: If one of these conditions describes your past, you can take action to mitigate them. Specifically, focus on demonstrating that: Having an attorney by your side in this process is one of the best ways to maximize your chances of a positive outcome. A federal employment attorney will have extensive experience regarding these issues and can give you helpful pointers and tricks to round out your application. An attorney can also help you answer specific questions about how to respond to certain questions. How Can I Maximize My Chances of Obtaining a Favorable Suitability Letter? You can take a wide variety of actions to help your chances of passing a security clearance. For one, you can avoid any criminal activity and any group that may want to overthrow the government. Also, avoid using drugs that are illegal at the federal level. This includes marijuana. Although many states have legalized marijuana, the federal government still prohibits it inside and outside the federal workplace. Limit your alcohol usage as well. Legal incidents involving alcohol use and alcoholism are both grounds for disqualification. Additionally, you should be prepared to explain any involvement you have with foreign nationals. If you are a dual citizen, you cannot obtain a security clearance without giving up your other citizenship. When Do Suitability Determinations Occur? All prospective employees need to undergo a suitability determination before their first day of work. After that, recurring suitability checks continue every few years. If you have a top-secret clearance, you’ll undergo a periodic reinvestigation every five years. If you have a secret or confidential clearance, you’ll undergo a periodic reinvestigation once every decade. The government can also conduct suitability checks on federal employees randomly and without notice. What If the Government Issued a Suitability Denial Letter to Me? If the government has denied you a security clearance, you have the right to appeal. If you are a current federal employee, you can also appeal your agency’s decision to take away your security clearance. The best way to start your appeal is by assessing the government’s reasons for its actions. Then, hire an attorney to plead your case before the relevant authorities and collect evidence in your favor. How Long Does It Take to Obtain a Security Clearance? According to a 2015 Annual Report by the Office of the Director of National Intelligence, it takes federal employees about six months to obtain a security clearance. Top secret clearances can require a year to obtain, while confidential clearances generally require about four months. Does Every Agency Have the Same Suitability Requirements? Not necessarily. The Department of Homeland Security’s (DHS) suitability requirements differ from those of the Central Intelligence Agency. However, most security clearances are respected by other agencies. Have More Questions About Security...

Dec 19, 2022 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

What Federal Employees Should Know About Mental Health in the Workplace

Mental health in the federal workplace is a dynamic issue due to our society’s rapidly changing views about mental health. Not long ago, even mild mental health conditions could lead to office suspicion, hostility, retaliation, and removal from the service. Fortunately, things have improved significantly during the past few decades. There is more awareness regarding the treatment of mental health in the federal workplace and more understanding of the nature of mental illness itself. Despite those advances, many federal employees who struggle with mental illness are still in the dark when it comes to their rights and entitlements. Read on to learn more about your rights as a federal employee regarding mental health in the workplace. Contact a qualified federal employment attorney today if you have more questions or think you may be suffering from discrimination. Your Rights as a Federal Employee with a Mental Health Condition The most important thing to remember is that you are protected against discrimination and harassment based on your mental health conditions. Various laws also guarantee the right to keep your condition private, seek reasonable accommodation, and request unpaid leave to treat the condition. Protection Against Harassment and Discrimination Based on Mental Health Thanks to the Americans with Disabilities Act (ADA), individuals with mental health conditions receive significant civil rights protections. The ADA, which protects those with both physical and mental disabilities, prohibits discrimination and harassment against a person based on mental impairment. It also protects individuals who have had a history of mental illness or who are generally regarded as having a mental impairment. What do the ADA’s discrimination and harassment protections entail? For one, they prohibit your employer from treating you differently simply because of your mental illness. Discrimination can incorporate all kinds of different behaviors, including: The ADA also prohibits harassment against any federal employees because of their mental health conditions. Legally speaking, harassment is any offensive or unwelcome conduct that becomes so severe or pervasive that it makes your working environment hostile. Countless kinds of behaviors can contribute to a hostile work environment. A few examples include: None of these behaviors are acceptable or legal. If you are suffering from either discrimination or harassment, you can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and receive significant monetary compensation. The Opportunity to Request and Receive Reasonable Accommodations The ADA further requires the government to make reasonable accommodations for individuals who have difficulties performing the essential functions of their job because of their mental health conditions. Under the ADA, an impairment or disability is any condition that affects a major life activity. And major life activities include all kinds of things, including eating, thinking, moving, and taking care of yourself. Consequently, virtually every mental health illness can qualify for some kind of reasonable accommodation. Reasonable accommodations can relate to virtually every aspect of your federal job. You can ask for a reasonable accommodation to your work environment or to a hiring process. In addition, you can seek to effect changes in the way you do your job. Provided your requested accommodation does not create an undue hardship on your employer or change the fundamental duties of your position, it will generally be considered reasonable under the ADA. The Right to Medical Confidentiality Although federal employees with mental health conditions may have to disclose those conditions under certain circumstances, they are entitled to medical confidentiality. Title 1 of the ADA requires employers to place mental health information on separate forms and medical files. In addition, those documents must be treated as confidential medical records. There are only three exceptions to this confidentiality requirement. First, your supervisor or director may obtain information regarding the ways in which your condition affects your work. Second, your employer may disclose your condition to first aid or agency safety personnel if you need emergency treatment. Finally, your employer may provide your information to adhere to a government compliance investigation. Want to Learn More About How to Prove Disability Discrimination in the Federal Workplace? At the Law Office of Aaron D. Wersing, PLLC, we dedicate ourselves to advancing the rights and welfare of federal employees with mental health conditions. The thought of any federal employee suffering from disability discrimination or harassment is simply unacceptable to us. As soon as you reach out to us, we’ll do everything possible to protect your rights. And if you have been harmed through disability discrimination or harassment, we will do our best to get you the compensation you deserve. Give us a call at (833) 833-3529 or contact us online.

Dec 9, 2022 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

How Long Does FERS Disability Retirement Last?

If you are currently on the Federal Employee Retirement System (FERS) disability retirement, you probably have a mix of relief and concern. You might be relieved because of the assistance that payments provide for your life. But you might be concerned because you are unsure how long your retirement will last. In general, many employees on FERS disability retirement can expect their retirement to last until age 62. However, there is no simple answer to the question of how long it will last. It depends on your age, health, situation, and disciplinary history. We’ll cover some of the basics here so that you have a general idea of what to expect. But if you have more questions about how the law applies to your specific case, contact an outstanding federal employment attorney today. How Long Will My FERS Disability Retirement Last? Most federal employees are eligible to remain on FERS disability retirement from the date they receive approval until the day they turn 62. At that point, your retirement will convert automatically from disability to typical federal retirement. That said, you are subject to occasional “check-ups” while on FERS disability. What Factors Can Affect Whether I Continue to Receive FERS Disability Retirement? Age is the biggest factor when it comes to your benefits. As we mentioned before, when you turn 62, you will no longer receive disability retirement. Another factor that comes into play is your health. While many federal employees have disabling conditions that are also permanent, other employees can recover over time. If you recover sufficiently from your condition, you may lose out on your benefits after undoing a periodic review. A third variable that affects your retirement is your current earnings. According to federal law, you can receive retirement benefits only if you have a physical or mental condition that prevents you from achieving your “earning capacity.” However, if you subsequently receive wages (either from another employer or from self-employment) that equates to more than 80% of the pay you received as a federal employee, you will be deemed as having achieved your earning capacity. That means your benefits will stop. Finally, your participation in other benefit programs can affect your benefits. For instance, if you decide to receive benefits from the Office of Workers’ Compensation Programs (OWCP), then you can no longer continue to collect retirement payments. Understanding Periodic Reviews by the Office of Personnel Management (OPM) After you begin your FERS disability retirement, you can expect to receive periodic reviews from OPM. For some, these reviews will come once or twice a year. Other employees on benefits may receive reviews more or less often. In any event, these reviews are critical for your continued benefits. During these reviews, OPM will send the retiree a short form to fill out. The form will inquire about the former employee’s current work activities. It will also request updated medical records for OPM to review. Having the right attorney on your side during this process can make all the difference for your disability retirement. For many retirees with permanent conditions, their updated medical records will support a finding that will allow them to remain on benefits. But depending on your medical status and the answers to the OPM review form, the agency may decide that you are healthy enough to work and terminate future payments. This kind of sudden monetary change can turn your life upside down. The Consequences of Losing FERS Disability Retirement Losing your FERS benefits has many consequences. As any FERS retiree can tell you, one of the major benefits of FERS disability retirement is the free health and life insurance coverage that comes with it. You may also lose your health and life insurance if you lose your retirement benefits. Other Benefits of Remaining on FERS Disability Retirement It’s also worth mentioning that while you are on FERS disability retirement, you will still accrue creditable service years. This will benefit you when your federal retirement kicks in at age 62. The calculation for your federal retirement is one percent of your highest salary over a three-year period multiplied by your years of creditable service. For instance, if your highest average salary over a three-year period was $100,000 and you have only 10 years of service, your retirement will be $10,000. But if you served 18 years in the government, your annual retirement benefit would equal $18,000. This means that it should be your top priority to maintain your disability retirement as long as you have a disabling medical condition. What Should I Do If I Lose My Disability Retirement? Not all is lost if OPM has decided that you have recovered from your condition and withdrawn your benefits. If your disability recurs and you do not earn more than 80% of your former salary, you may be able to have your benefits reinstated. Want to Learn More About Protecting Your FERS Disability Retirement? Losing your benefits can be absolutely devastating. Therefore, if you are worried that OPM may decide to terminate your disability retirement, you need to consult a federal employment attorney right away. The Federal Employment Law Firm of Aaron D. Wersing is dedicated to helping you exercise your legal rights. Contact us today by calling 833-833-3529. You can also reach out to us online.

Dec 7, 2022 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Title 38 and Hybrid Title 38 Employee Overview

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 defines all the main characteristics of federal employees. It controls things like working hours, overtime provisions, 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 VA and NIH employees fall under Title 38. The best way to determine if you are a Title 38 employee is by assessing your profession. 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? Some professions within the VA and NIH have employees that do not fall under one title of the U.S. Code. Instead, these professions split their employees between Title 5 and Title 38. 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? Regardless of whether they are in “pure” Title 38 professions or “hybrid” Title 38 professions, employees under Title 38 enjoy the same rights. While Title 38 employees cannot appeal disciplinary actions to the MSPB, they receive protections from the following laws: Title 38 employees may also dispute disciplinary actions in Administrative Investigation Boards (AIBs). During these hearings, they may be represented. Want to Learn More About Title 38 and Hybrid Title 38 Employees? Do you have more questions about your rights as a Title 38 employee? Are you looking for quality legal representation to help you defend your career in AIB? Whatever your situation, we can help. The lawyers at the Law Office of Aaron D. Wersing, PLLC, have many years of experience with both Title 5 and Title 38 employees. We have helped countless civil servants protect their careers, hold bad actors accountable, and obtain the benefits they deserve. Also, we’ve practiced in every kind of federal forum, including AIBs, the MSPB, the EEOC, and federal district court. We are passionate about defending your rights and hope to provide you with outstanding customer service. Still unsure about whether you need to hire an attorney? Don’t worry. You can contact us at 1-866-612-5956 or reach out online to get started.