| Read Time: 4 minutes | Federal Employment Law

Federal Employee Performance Improvement Plan (PIP)

Just like their private-sector counterparts, federal employees must meet performance standards. When federal employees fail to meet their performance standards, it can cost them their careers.  Unlike most private-sector employers, the government cannot simply fire federal employees when they begin to perform poorly. Instead, management must place the employee on a performance improvement plan (PIP). If the employee fails to perform adequately during the PIP, the agency can propose their removal from the federal service.  Read on to learn more about PIPs and how they can affect your career. We’ll discuss PIPs and the legal requirements your employer must meet when placing its employees on a PIP. If you have more questions or are in danger of going on a PIP yourself, consult an outstanding federal employment firm today. What Is a PIP? In contrast to private-sector employees, federal employees have due process rights for their jobs. This fact has enormous implications and gives federal employees significant protections. One of these protections is that agencies can only propose an employee for poor performance after the employee has: PIPs meet the second legal requirement. No adverse action is possible against the employee until they have failed the PIP.   What Should I Expect During a PIP? Let’s say your agency decides to place you on a PIP. The PIP process generally begins during a performance review. Your supervisor must inform you that your performance in one or more critical job elements is unsatisfactory. The supervisor will then issue you a letter informing you of your placement on the PIP. This letter will outline the length of the plan, your employer’s expectations, and the potential outcomes of the PIP.  During the PIP, your management will assign you tasks, monitor your performance closely, and provide continual feedback. Generally, supervisors will provide you with a written list of tasks for you to accomplish. They will then meet with you weekly to discuss what you did well and what you could improve. There are only two outcomes at the end of the PIP: success or failure. If you succeed, your agency cannot take any adverse action against you. If you fail, your agency can propose your demotion or removal. If your agency takes action against you, they must provide you with due process rights. These rights include at least 30 days’ advance notice, the right to respond, and the right to have a representative.  What Should I Do If I Receive a PIP? No federal employee wants a Performance Improvement Plan. If you do receive one, stay calm and read the letter thoroughly. Ensure the letter clearly identifies your performance failure, ties that failure to one or more critical elements of your job, and is consistent with your past performance reviews. Unclear or ambiguous PIPs can be indicative of illegal discrimination or harassment. Next, consult an attorney so you can understand the best path forward.   Performance Improvement Plan: Two Examples  Let’s consider two hypothetical PIP examples. Example #1: Larry’s Surprise Larry has worked for the Department of the Interior as an accountant for eight years. His performance reviews have always been acceptable, and he has received several awards during the past two years. At Larry’s last performance review, his manager told him that his performance in two critical elements of his job was unacceptable. He then gave Larry a PIP notice letter. When Larry asked for an example of the supposed performance failures, his supervisor said there were “countless examples” but refused to give details. Larry suspects that the PIP has to do with his decision to testify against his manager in an Equal Employment Opportunity Commission (EEOC) hearing three months ago.  Example #2: Lana’s Struggle Lana is a dedicated FBI agent with a strong record of success. However, she’s been struggling to complete her reports accurately after her mother died last year. Lana’s supervisor has repeatedly emailed her about obvious performance errors and mentioned that Lana was in danger of receiving an unacceptable rating in one of her core job duties. Consequently, it was no surprise when Lana received a PIP notice letter last week. When she reviewed the letter, she realized it was consistent with past feedback and clearly stated what Lana had to do to improve her unacceptable performance. She decided to get her act together. She hired a therapist to help her cope with the grief of her mother’s death and then dedicated herself to performing her PIP tasks correctly. Her hard work paid off, and she passed the PIP.  Don’t Fight a PIP on Your Own. Give Us a Call Today.   The Federal Employment Law Firm of Aaron D. Wersing, PLLC, is standing by to help you make sense of your PIP notice. When you consult us, we can analyze your letter, advise you of your legal options, and help you take the next steps. We strive to provide excellence in legal representation and first-class customer service. Let us help you today.  Call or visit us online to get started.

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| Read Time: 3 minutes | Workplace Discrimination

Pregnancy Discrimination Overview for Federal Employees

Treating a woman unfavorably because of pregnancy and childbirth has been against the law for decades. However, there are between 2,000 and 4,000 pregnancy discrimination claims annually in the federal workplace. While pregnancy discrimination may seem explanatory to some, it’s wise to educate yourself on what it is. Education is important if you or a loved one are facing pregnancy discrimination in the workplace.  As dedicated federal employment attorneys, it is our honor and passion to educate workers on every aspect of their rights. Read on to learn more about pregnancy discrimination in the workplace. We’ll cover the definition of pregnancy and relate the laws that protect pregnant women. Then, we’ll unpack how you can fight pregnancy discrimination.    If you still have questions about pregnancy discrimination or wish to consult an attorney, contact us right away.  What Is Pregnancy Discrimination? According to the EEOC, pregnancy discrimination occurs when employers treat women unfavorably because of pregnancy or childbirth. Pregnancy discrimination may also happen because of a pregnancy-related physical or mental disability, such as postpartum depression. The prohibition against discrimination extends to every aspect of employment. So, it’s discrimination if an employee faces negative consequences like termination or demotion because she’s pregnant or given birth. It’s also illegal for an agency to alter a pregnant woman’s work schedule, transfer her, or exclude her from meetings.    What Laws Prohibit Pregnancy Discrimination? Several laws interface together to prohibit pregnancy-based discrimination and harassment. These include: Pregnancy rights recently took a great leap forward with the passage of the Federal Employee Paid Leave Act (FEPLA). FEPLA grants new mothers and fathers up to 12 weeks of paid parental leave. Collectively, these laws give substantial rights to employees. And employers must always respect those rights.   How to Respond to Pregnancy Discrimination  Facing pregnancy discrimination at work? It’s tough, but here’s a step-by-step on how to handle it: Finally, take care of yourself. Pregnancy discrimination takes a toll. It’s essential to seek support, whether through friends or family. Your well-being is crucial. Defend Your Rights by Contacting Us Today Nobody ever imagines themselves having to deal with pregnancy discrimination. Therefore, it can be confusing and difficult to respond to. However, you’re not alone. A qualified attorney can partner with you to defend your rights and hold bad actors accountable.  At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we specialize exclusively in federal employment law. That means we’ve seen all kinds of discrimination cases, including pregnancy discrimination. On top of that, we’re passionate about defending federal employees against illegal workplace discrimination. So, let’s work together to make federal workplaces free from pregnancy discrimination.  Call us today or contact us online to set up a free initial consultation.

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| Read Time: 3 minutes | Federal Employment Law

Reasonable Accommodation for Federal Employees

Reasonable accommodation is a vital resource for federal employees with a disability. And yet, it is far from being a straightforward area of law. Because of that complexity, it’s easy for unsavory federal employers to abuse their employees’ rights through jargon and misdirection. Alternatively, inept or misguided HR offices provide misleading and false information to employees with disabilities. Either scenario can lead to unfair treatment, discrimination, demotion, and removal.    The best way to prevent these outcomes is to educate yourself about reasonable accommodation for federal employees. We’ve written this brief article to help you on that journey. We’ll touch on the legal definition of reasonable accommodation and provide several examples. What Is Considered a Reasonable Accommodation? “Reasonable accommodation” is central to federal employment and the broader employment landscape. The EEOC’s definition is any modification or adjustment to a job or the work environment that enables a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Some basic tenets of reasonable accommodation include: In essence, reasonable accommodation ensures everyone, regardless of physical or mental limitations, has a fair shot at succeeding in the workplace. Reasonable Accommodation Examples    As mentioned before, reasonable accommodation is a workplace adjustment that helps employees with disabilities perform their jobs. Here are some examples to shed light on the concept: Finally, employers can consider transferring an employee to a similar position with duties that fit the employee’s limitations.  We Can Help You Obtain the Accommodation You Need Hopefully, you now have a general understanding of reasonable accommodation for federal employees and the underlying principles. That said, it can still be difficult and overwhelming to seek reasonable accommodation from your employer. Once you initiate a reasonable accommodation request, there are additional hurdles to overcome and dangers to avoid. Consequently, it’s prudent to enlist an attorney for assistance.    The Federal Employment Law Firm of Aaron D. Wersing, PLLC, focuses exclusively on representing public servants in federal employment cases. Thanks to decades of practice, we can help you obtain the results you need. In addition, we prioritize giving our clients outstanding customer service. We want you to feel like a person, not a number. Together, we can help you obtain the accommodation you need to succeed. Just reach out to us to set up a free initial consultation.

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| Read Time: 3 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? “Conduct unbecoming” has a simple definition: any behavior that your employer believes negatively affects your work. Thus, in contrast to most disciplinary charges, conduct unbecoming is a non-specific charge. This has some potent legal implications. For one, it means that the charge has no specific elements. All your employer has to do is show that you committed the alleged conduct and that the conduct negatively affected your employer in some way. The Merit Systems Protection Board (MSPB) has previously tried to give some definition to the phrase “conduct unbecoming of a federal employee,” saying that it must somehow be “unattractive” or create “an unfavorable impression.” But there’s an obvious problem here. Not everyone will agree on what creates an unfavorable impression. For instance, your neighbor might find it offensive for you to listen to hip-hop music in your garage, even though most people have no problem with it. Unfortunately, this inherent ambiguity allows bad actors to use this charge to persecute federal employees for illegal and discriminatory reasons.  Examples of Conduct Unbecoming  Fortunately, the MSPB often reviews cases involving allegations of conduct unbecoming a federal employee. Let’s review these examples to get a sense of what this term actually means in real-world situations. In 1992, the MSPB affirmed the agency’s charge of conduct unbecoming after an employee killed a deer with his government vehicle. A few years later, the MSPB upheld a conduct unbecoming charge against an employee who spoke to one of his subordinates in a physically intimidating and threatening way. The charge has also been successfully used against a supervisor who sexually harassed co-workers and other agency employees. Therefore, your agency might use that charge against you for things like swearing in the workplace or pranking a co-worker.  What Do I Do If My Employer Charges Me with Conduct Unbecoming? There’s actually a wide variety of strategies you can use to defend yourself against a charge of conduct unbecoming. First, you can contest the underlying behavior. In many cases, this is the easiest strategy to pursue because it saves you the need to argue about whether the behavior was actually “unbecoming.” Alternatively, you can attack the charge on due process grounds by arguing that the accusations are too vague to allow you to defend yourself. When you read the proposal letter, check whether your agency included the following: If the charge is missing one or more of these elements, then you may be able to mount a successful due process defense. You can also defend yourself on due process grounds if your agency doesn’t let you respond to the charge or fails to show you the evidence it relied upon. Finally, you can defend yourself by asserting that your agency is taking action for discriminatory or harassing reasons.  Whatever defense you think might be best in your case, you should consult a qualified federal employment attorney right away. Let Us Give You the Legal Service and Service You Deserve It’s hard to overestimate the importance of your federal career. If your employer successfully charges you with conduct unbecoming, it can leave a black spot on your record that can torpedo your future opportunities. Don’t let that happen. Instead, defend your rights and clear your name.  If you’re defending yourself against any kind of federal discipline, don’t go it alone. Let the Federal Employment Law Firm of Aaron D. Wersing PLLC be your guide. Our dedicated team is here to ensure that you’re safeguarded against any conduct unbecoming charges and that your employer respects your rights as a federal employee. We recognize the immense contribution federal employees make to our nation through public service. Consequently, it’s our priority and passion to help you uphold the integrity of your career. Because of our deep-rooted commitment to supporting federal employees, we proudly offer complimentary initial consultations. So don’t hesitate to reach out for the assistance you deserve. Connect with us today by calling us or reaching out online.

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| Read Time: 4 minutes | Federal Employment Law

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. It’s the intentional or grossly negligent actions that constitute misconduct. 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 have been accused of misconduct, learning the essentials and complexities of misconduct is just your starting point. 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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| Read Time: 4 minutes | Federal Employment Law

How to Prove Disability Discrimination

The government has passed many laws over the years to eliminate discrimination against people because of their disabilities. Disability discrimination is illegal under the Americans with Disabilities Act, yet this kind of discrimination happens all the time. If you become the victim of disability discrimination, it can easily turn your life upside down.  Sometimes disability discrimination is obvious. Other times, it can be hard to prove without professional legal help. In this article, we’ll review the most common kinds of discrimination. We will also discuss several possible ways you can prove disability discrimination. If you suffer from disability discrimination, do not wait for a supervisor or a co-worker to take action. Stand up for your rights and obtain compensation for your losses. Start the process today by reaching out to a veteran federal employment attorney right now.  Understanding the Two Types of Disability Discrimination The Disability Discrimination Act recognizes several forms of discrimination. The first kind is called disparate treatment. Disparate treatment occurs when a person with a disability is treated worse than other similarly-situated employees without a disability.  The second form of disability discrimination is harassment. Harassment encompasses a variety of actions that can collectively create a hostile working environment.  Two Examples of Disability Discrimination Disability discrimination can come in all shapes and sizes. Here are just two hypothetical scenarios. Disparate Treatment Example #1 Oliver, who has vision difficulties, works as an accountant for a federal agency. Like most agencies, his employer is embracing a hybrid telework model. This means all employees need to work two days per week at the office. However, shortly after the new work schedule starts, Oliver’s boss tells him that he needs to come into the office four days a week. The supervisor claims that everyone else in the office will also need to come in four days a week. After a few weeks, Oliver notices that only employees with medical or physical conditions are in the office four days a week. When Oliver confronts his supervisor about it, the supervisor says that he asked the disabled employees to come into the office more so that they could receive better office support. Disparate Treatment Example #2 Cindy is a security officer for the Department of Homeland Security. As a security officer, she patrols a top-secret facility every night. Cindy discovers that she has diabetes and informs her supervisors. She also asks to be able to eat a snack during her work shift so she can maintain her blood sugar. After she makes her request, her bosses take her off patrol duty and assign her a desk job within the department.  Other Examples of Disability Discrimination Both of these examples constitute textbook disparate treatment disability discrimination. It does not matter whether a supervisor thinks they are doing a disabled employee a favor by treating them differently. Lightening a disabled person’s job simply because they are disabled is just as illegal as firing them or transferring them because of their condition. And simply because a federal employee requests reasonable accommodation does not mean their job duties should be changed.  Other ways disparate treatment disability discrimination manifests include: Most of the time, managers try to cover up discrimination by claiming it is a “routine office practice” or asserting that your job performance is inadequate. However, an experienced disability discrimination attorney can help you hold bad actors responsible in court.  Disability Harassment Examples Disability harassment is any unwelcome or offensive behavior that is related to your disability. To succeed in a harassment case, you need to prove that the harassment is sufficiently severe or pervasive to create a work environment that the average person would find intimidating, hostile, or offensive. Very rarely, one act of harassment can meet the “severe or pervasive standard.” That said, harassment usually consists of many actions over time. Here are just a couple quick examples: If you’re encountering this kind of behavior, keep a thorough events journal. Record every incident and all the details you can remember. Then contact an attorney immediately.  Want to Learn More About How to Prove Disability Discrimination in the Federal Workplace? At the Law Office of Aaron D. Wersing, PLLC, we refuse to let our clients be the victims of disability discrimination and harassment. We have many years of experience holding bad actors accountable and ensuring our clients receive compensation for suffering from discrimination and harassment. Do not wait for someone to help you or hope that things just blow over. Stamp out disability discrimination in the federal workplace by contacting us today.

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| Read Time: 4 minutes | Federal Employment Law

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

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

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| Read Time: 2 minutes | Federal Employment Law

What is Federal Sick Leave Abuse

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

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| Read Time: 4 minutes | Federal Employment Law

What Is the Pendleton Act, and How Does it Relate to Federal Employees?

Although few civil servants have heard of it, The Pendleton Act of 1883 is a cornerstone of United States federal employment law. Officially known as the Pendleton Civil Service Reform Act, the law was designed to establish a merit-based system for federal employment. It instituted the principle that federal employees should receive jobs because of the quality of their skills and knowledge, not because of their political connections or beliefs. In doing so, the Pendleton Act made the federal civil service more of a neutral, nonpolitical body that focused on serving the public rather than a political party. The Pendleton Act: Definition and Historical Overview Congress passed the Pendleton Act in response to the problematic “spoils system.” The spoils system was a long-standing political practice in the US during its early history. The basic idea is that a newly-elected political party would give out prestigious and lucrative government jobs to its supporters. The actual qualifications of the appointees were not a consideration, only their loyalty to the party. Once another political party gained office in a new election, it would fire many or all of the previous civil servants and replace them with loyal cronies, friends, or even relatives of key politicians. This practice gradually came under more and more criticism as the 1800s continued.  Things came to a head in 1881. That year, a disappointed supporter of President James A. Garfield shot the President because he did not receive a prestigious diplomatic posting in France. The shocking incident exposed the pressing need for the country to reform the civil service hiring system. The Pendleton Act, named after its primary sponsor, Senator George H. Pendleton of Ohio, sought to rectify this by creating a merit-based system for federal employment. Under the Act, candidates for certain government jobs would be selected based on their performance in competitive examinations. This would ensure the best-qualified candidates were appointed to government positions.  Principles of the Pendleton Act The Pendleton Act set out two key principles. Together, these two principles aimed to promote a qualified and effective federal workforce free from political interference. By promoting a qualified and efficient workforce and protecting federal employees from political interference, the Pendleton Act revolutionized federal employment practices, fostering a more fair, efficient, and reliable federal workforce. The Pendleton Act Today: Relevance to Federal Employees So, how does the Pendleton Act impact today’s federal employees? Although Congress has amended the Pendleton Act several times and supplemented it with other laws, its core principles remain relevant. The foundation of the modern civil service is still the merit system. Federal agencies must adhere to merit system principles in the selection and treatment of employees. They are required to recruit, select, and advance employees based on their abilities, knowledge, and skills, using fair and open competition. Furthermore, the protection against unfair practices in the federal government is still strong. Federal employees enjoy extensive legal protections from arbitrary actions, personal favoritism, and coercion for partisan political purposes. Moreover, the law grants employees protection from reprisal for reporting illegal or unethical activities by their employer.  Finally, the Pendleton Act inspired the Hatch Act of 1939. This law expanded the Pendleton Act’s basic protections by limiting the political activities of federal employees. Specifically, it prohibits any attempt by a federal employee to interfere with an election, accept donations or contributions from a political party, and distribute or display campaign items in the federal workplace. As a result, the federal workforce is now a place of skilled professionals who are free from the corrupting influence of party politics.  We Can Help What Is the Pendleton Act? This is one of many federal employment-related questions we can answer. Let us give you the guidance you need today.  Thanks to laws like the Pendleton Act, Being a federal employee comes with distinct rights and protections. These rights are key to ensuring fairness and justice within the federal employment sphere. However, federal employees like you can still face retaliation, political pressure, and inappropriate actions in the workplace. When that happens, it is crucial to promptly seek professional legal assistance to uphold your rights. The Federal Employment Law Firm of Aaron D. Wersing is an ally you can count on during such challenging times. We pride ourselves on providing unrivaled representation for our clients. In addition, we have a deep passion for safeguarding the rights of federal employees. Mr. Wersing’s extensive experience and relentless dedication have contributed to many success stories over the years. We invite you to become another successful client. Let us assist you in defending your rights, protecting your federal career, and striving for the best possible outcome in your case. Contact us at 833-833-3529 for a complimentary case review, or schedule an appointment online. We are eager to stand by your side and help with any issue you face.

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| 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. 

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