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

Common Reasons for Disciplinary Action for Federal Employees

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

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May 29, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

How Does Social Media Use Impact Federal Employment?

There’s no denying that social media has transformed the way we connect with loved ones and keep up with current events today. Many Americans don’t think twice about how and when they engage with social media sites—it’s just part of their daily routine. However, federal employees can’t be so cavalier. For government workers, sharing certain information or engaging in specific behaviors online can lead to severe professional and even legal consequences.  This blog post will offer an overview of the federal government’s social media policy for employees. We’ll discuss the major rules around social media use and how to protect yourself and your job in your online activity.  What Are the Rules Around Social Media and Government Employees? For the most part, federal employees are allowed to use social media and other popular digital platforms to some degree. However, your actions online may face more scrutiny than those of a private sector worker. Several federal laws and regulations oversee how government employees behave online. These rules apply to activity on numerous public-facing digital platforms, including: Let’s examine two major rules impacting federal employees’ use of social media.  Office of Government Ethics (OGE) Standards of Conduct All federal government employees must follow the OGE’s Standards of Ethical Conduct. This document outlines the general expectations for principled behavior in and outside working hours. The Standards of Ethical Conduct don’t mention social media usage specifically. However, they do explicitly forbid government employees from using their public position or office for private gain, including by: In the context of social media use, this gives us a couple of important guidelines.  First, don’t share any non-public information you learn on the job online. Keeping personal and classified government information quiet is essential for safeguarding national security and your job security. Next, it’s important to remember that your work computer isn’t meant for personal use—neither is the time you’re on the clock. Scrolling Facebook from an employer-provided electronic device risks becoming an inappropriate use of government property and time.  The Hatch Act The Hatch Act regulates how employees use social media as a platform for expressing partisan preferences or engaging in political activity. Under the Hatch Act, most federal employees are prohibited from the following behaviors on social media: Some employees who work in certain specialized roles or at certain federal agencies have even more rules about what they can and cannot say online. For a complete picture of the social media policy for employees in your position, consult with your HR department or a federal employment lawyer. How Does Social Media Impact Employment? Improper or unlawful use of social media can have serious repercussions in your professional life. As a federal employee, you are a representative of the government to some extent. Many regulations around employee social media use aim to clearly distinguish between your personal opinions, statements, and endorsements and those of your agency or federal employer. Other rules are based on certain standards of ethics and impartiality expected of all federal employees. Employees who disregard these guidelines for legal and ethical social media use can face: For this reason, we recommend several basic guidelines for social media and employees in federal roles. For one, think before you share anything online. To be safe, it’s often best to avoid mentioning political topics or your job in your public social media posts. Take time to learn about additional policies or regulations that could apply to your role. Most importantly, if confronted about social-media-related misconduct, contact a federal employment lawyer immediately.  Experienced Legal Advocates Trusted by Federal Employees  Federal employees are often intimidated by the complex regulations around government employees’ social media use. If you have questions about what specific standards apply to your role, a trained advocate with the Federal Employment Law Firm of Aaron D. Wersing can help. Headed by award-winning federal attorney Aaron D. Wersing, our firm has spent years counseling government workers on various employment disputes. To learn how we can help you, contact our office online or by phone.  

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May 28, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Which Federal Employees Are Title 38?

Title 38 employees are in a unique position compared to other civil servants. If you’re a healthcare professional at the Veterans Administration (VA) or the National Institute for Health (NIH), your rights and obligations as a federal employee may differ significantly from those of your coworkers.  So, what is a Title 38 federal employee? This blog post will shed some light on this particular employee category for medical professionals. We’ll examine how Title 38 status impacts your benefits, compensation, and protections as an employee. What Is a Title 38 Federal Employee? Put simply, Title 38 employees are a special category of workers not covered by Title 5 of the U.S. Code, the primary law governing federal employment. Title 5 outlines most federal workers’s standard working conditions, pay scales, benefits, and holidays.  However, certain VA or NIH medical professionals are regulated by a different part of the U.S. Code, Title 38.  What Is Title 38 in the Federal Government? Title 38 is a portion of U.S. law governing the benefits provided to military veterans by the VA. It outlines the rules for administering disability compensation, pensions, educational assistance, employment, and other rights and services veterans are entitled to. Since it regulates healthcare, Title 38 also sets the standards and benefits for certain specialized medical professionals employed through the VA. Who Are Title 38 Employees? Title 38 employees are healthcare providers who work for the VA or the NIHealth. Some medical professionals who fall under Title 38 include: However, not all health professionals at the VA or NIH are Title 38 employees. Some may fall into a special category involving a mix of Title 38 and Title 5 policies. Providers who often fall into this hybrid Title 38 category include dental hygienists and assistants, mental health counselors, pharmacists, physical and occupational therapists, and dietitians.  Be aware these aren’t definitive lists. Many other types of medical professionals may also fall into either of these categories. The best way to know what type of employee you are is to talk to your Human Resources department or consult a federal employment attorney. What Makes Title 38 Federal Employees Different? Title 38 workers face several different rules and procedures as employees compared to their Title 5 counterparts. Here are some of the significant unique features of Title 38 employment status. Non-Standard Working Hours Under Title 5, most federal employees work during regular business hours from Monday–Friday. However, it’s common for medical professionals under Title 38 to be available 24/7 for work, even on weekends. Different Pay Scale Salaries for Title 5 employees follow one of two pay scales: the General Schedule (GS) or the Executive Schedule (ES). However, Title 38 allows the federal government to use a different—and often more competitive—pay structure to recruit and retain qualified medical professionals.  Longer Probationary Period Your two years of work as a Title 38 employee are treated as a probationary period to ensure you meet the high standards for clinical competency and patient care expected by the VA and NIH. For Title 5 employees, this probationary period only lasts one year.  Complex, Administrative Appeals Process  Unlike most federal workers, Title 38 employees can’t appeal adverse or unjust employment decisions to the standard Merit Systems Protection Board. Instead, they have to take their appeal through a Disciplinary Appeal Board—run by their employer. Because the VA has discretion over these appeals, overturning a disciplinary action can be more challenging for employees. What Rights Do Title 38 Federal Employees Have? Despite the differences between Title 38 and Title 5 status, Title 38 employees still receive important protections under federal law. Some of the rights that Title 38 employees enjoy include: Although Title 38 employees face unique challenges appealing an employer’s decision, they can contest disciplinary actions, including suspension, pay reduction, license revocation, and termination. Importantly, you also have the right to legal representation in hearings where disciplinary actions are at issue. Dedicated Experts for All Federal Employment Concerns At the Federal Employment Law Firm of Aaron D. Wersing, we know firsthand how challenging it is to make sense of your rights as a civil servant and medical professional. Generic advice from HR or attorneys without experience in federal employment law won’t cut it. For a clear understanding of what your Title 38 status means, it’s essential to contact a qualified federal employment attorney. Our law firm proudly represents medical professionals serving in the federal healthcare system. Our team has years of experience guiding federal workers through various complex employment disputes, from unlawful license revocation to hostile work environments. To learn more about how we can help you, contact our office online or by phone.

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May 7, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

What Is Locality Pay for Federal Employees?

If you have a job with a federal employer, you already know that you have access to great benefits, including good pay, loan forgiveness programs, and supportive leave policies. But even with great benefits for federal work, there is room for improvement, and the government recognizes this. To keep government wages and salaries competitive with the private sector, federal law demands locality pay for many federal employees. These payments can help you keep up with the cost of living in your area, and they can help the federal government retain a talented workforce that includes you. What is locality pay? It is a pay increase for federal employees to keep their wages comparable to private sector employees working the same type of job in the same geographic area. If you have questions about whether you should receive locality pay and how much it should be, you can ask the Federal Employment Law Firm of Aaron D Wersing PLLC. We represent clients experiencing federal employment issues, and we do it successfully. We are highly experienced, top-rated practitioners who can get the best out of your federal employment case. A Review of Locality Pay Under the United States Code Title 5, Section 5304, federal employers must reduce pay disparities between federal and private employees by giving locality payments to federal employees who make at least 5% less than their private sector counterparts. The locality pay rate is paid in addition to a federal employee’s base pay on the general schedule.  There are more than 50 localities with locality pay rates, and location pay rates can range from a little under 17% to more than 45%, depending on where you work. In addition to locality pay, many federal employees must receive a 4.7% increase to their general schedule pay in 2024. With all the tables and compensation levels, ensuring that you receive the proper base pay, pay increase, and locality pay can be challenging. But you can lean on us when these challenges arise. We are well-equipped to ensure that you recover every cent the government owes you for your labor.     Is Every Federal Employee Entitled to Locality Pay? No. Only federal employees who can perform their work within a listed locality are eligible for location payments. And only federal employees who receive scheduled rates for their base pay can receive locality pay.  What Can I Do If My Employer Has Not Paid All I Am Owed? You have many ways to address unpaid wages as a federal employee. Depending on the nature of your employment, you can: If you are a member of a bargaining unit with a collective bargaining agreement that does not exclude matters, you must engage in an NGP. Under those circumstances, you cannot file an agency or OPM claim. Any federal employee who files a suit in court has two years to file for non-willful violations and three years to file for willful violations. How an Attorney Can Help There are many ways an attorney can increase your chances of recovering unpaid wages, including: At the Federal Employment Law Firm of Aaron D Wersing PLLC, we can do all of the above and support you during every step of your wage claim. Contact Us Today Located in Houston, Texas, the Federal Employment Law Firm of Aaron D Wersing PLLC passionately champions the rights of federal employees. We are headed by award-winning attorney Aaron Wersing, and we have experience working with many federal agencies to recover relief for government employees. Whether you are facing matters regarding government pay, labor violations, discrimination, disability needs, or retirement, we can help you get the results you need and deserve. With a call to our office or a click on our website, you can schedule a consultation today.

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Apr 18, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

Anticipated Pay Raise for Federal Workers in 2025

As the new year begins, millions of government workers are eager for a bump in pay to help keep up with increased costs of living. Although the government announced a proposed 2% average pay increase at the end of 2024, certain factors can make this higher or lower for certain employees. Read on to learn about the federal pay raise in 2025, what it includes, and what this means for federal employees’ take-home pay. Understanding How Federal Pay Raises Work To explain the upcoming pay raise, we need to explore the history of the federal pay raise process. According to various sources, federal employee pay has lagged behind the private sector for decades. In 1990, Congress passed the Federal Employees Pay Comparability Act (FEPCA). This law aimed to close the pay gap between federal employees and their private-sector counterparts. It employed several mechanisms to achieve this balance. For one, it established locality pay so employees in higher-cost areas could receive additional pay. FEPCA also mandated an annual survey of private-sector pay to compare with federal salaries so that federal income continued to match the market.  Critically, FEPCA states that federal pay will automatically increase to match private-sector pay unless the President proposes a different pay raise amount because of an “economic emergency.” Congress can either alter the President’s proposed raise or remain silent, allowing the President’s proposal to take effect. Ever since FEPCA took effect in 1994, presidents have generally used a minor provision within the law to prevent federal pay from fully catching up to private-sector pay. Specifically, if the President claims that an “economic emergency” affects the general welfare, they can implement a different pay increase. Congress generally defers to this claim. What Is the Federal Pay Raise for 2025? On December 23, 2024, President Biden signed an executive order finalizing an average 2% increase in pay for federal workers in the General Schedule (GS) for 2025.  The Biden Administration increased federal employee pay with a 4.6% raise in 2023, a 5.2% raise in 2024, and a 2% raise in 2025. Notably, this year’s raise is less than half of the pay bump federal workers received in 2024. Overall, the 2% average marks the lowest pay adjustment the administration has approved since Biden assumed the presidency in 2021.  When President Biden announced the 2025 federal employee pay raise, many were dismayed at the proposed adjustments. Numerous lawmakers and advocacy groups called for Biden to grant civilian federal employees the 4.5% average pay increase proposed for military service members in the coming year.  Despite these requests, the administration held firm. The approved 2% average pay increase went into effect for federal employees in the first full pay period of January 2025.  What Does a 2% Average Pay Raise Mean? There are two parts to the 2% average boost federal employees can expect in 2025: Since changes to locality pay are determined by region, the administration’s finalized pay adjustment is an average. Federal employees could see individual salary bumps of slightly more or slightly less than 2%. Is There a Federal Pay Raise 2025 Calculator? The OPM has a calculator that GS employees can use to determine the salary for workers of their locality and grade in 2025.  For a quick estimate of your salary with the proposed 2025 federal pay raise, you can also multiply your current pay by 1.02. However, remember that your actual 2025 salary may be slightly less or more than that estimate, depending on your locality. Am I in a Locality Pay Area? As of 2025, the country will have 58 pay locality areas. These include the following areas: Most major cities have their own locality pay area. The highest locality pay is currently the San Jose-San Francisco-Oakland, CA area.  Questions About Your Federal Pay or Benefits? We Can Help.  Federal pay is a surprisingly tricky topic to understand. Yet, it pales compared to other federal employment issues like disability, retirement, employment discrimination protections, and Title 38 rights. At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we love helping our clients make sense of their rights and responsibilities. We practice exclusively on federal employment issues, so we have ample experience deciphering even the most complex topics. Give us a call today, or get in touch with us to set up an initial consultation. 

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Apr 16, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

How Are Federal Employees Affected by a Government Shutdown?

Where do federal employees stand during a government shutdown? Working for the federal government comes with many benefits. Unfortunately, it also comes with a unique detriment: the threat of a government shutdown. As of spring 2024, the risk of a shutdown looms large for many federal employees. For most of the American public, a government shutdown is a nuisance. For federal employees, a government shutdown means uncertainty and a vastly different day-to-day life. The Federal Employment Law Firm of Aaron D. Wersing PLLC focuses on issues affecting federal employees. Contact our team today if you are a federal employee concerned about a potential government shutdown.  Why Does the Federal Government Shut Down? The U.S. government comprises the executive, legislative, and judicial branches. The legislative branch, Congress, is responsible for the government budget through appropriations bills. Government shutdowns occur when Congress fails to pass a new budget before the previous budget expires.  In recent years, shutdowns have typically resulted from political division and have lasted for several days. The longest occurred between December 2018 and January 2019, when the government shut down for 35 days.  How are Federal Employees Affected by a Government Shutdown? Not every federal agency is affected the same way during government shutdowns. Agencies receiving congressional appropriations funding may receive severely curtailed or virtually no funding. Agencies with other sources of funding can continue regular operations. During this time, some employees continue working, others do not, and paychecks may be slow to arrive or not arrive at all.  What Happens to Employees During a Shutdown? Most nonessential personnel do not work during a shutdown. By law, only excepted personnel continue working. Excepted employees include: Individual agencies may have a list of employees who should continue reporting to work and those who should not. The government furloughs employees who do not continue working. A furlough temporarily releases an employee with the intention that the employee returns to work once funds are available. Furloughed employees cannot work, even by volunteering time.  If you are furloughed, your agency should provide you with Form SF-50 or a similar form. The form should provide details about the effective furlough date, your position and pay, and any important facts about your agency. You should also receive Form SF-8, which is needed to apply for unemployment. Do Federal Employees Get Paid During a Government Shutdown? Federal employees generally do not get paid during a government shutdown, with some exceptions. Furloughed employees, who are forbidden to work, receive no compensation. Even among those employees who are required to work, some also do not receive paychecks or receive only partial payments.  In every previous shutdown, once the shutdown ended, Congress compensated employees for their work through backpay. However, many employees struggle with not knowing when a paycheck will arrive while still being expected to attend work. Navigating what to do when you receive partial payments can be complicated, inspiring an Office of Personnel Management (OPM) memo in January 2024. Regardless, excepted employees do not qualify for unemployment even if they do not receive regular paychecks.  How Can Federal Employees Receive Compensation During a Shutdown? If you are furloughed during a government shutdown, you likely qualify for unemployment payments through the Unemployment Compensation for Federal Employees (UCFE) program. If you are an excepted employee, you do not.  Under UCFE, furloughed employees can apply for unemployment compensation through their state’s unemployment program. You can locate the appropriate office to apply online. If you live or work in Washington, D.C., you may need to file through its Office of Unemployment Compensation. When you apply, you will need to provide your: File quickly to ensure there are as few gaps in your pay as possible. Prepare in Case of a Shutdown In the politicization of the modern era, government shutdowns have become more common. Among federal employees, a government shutdown looms large in 2024. Understandably, many want to prepare for the risk of a shutdown. Contact the Federal Employment Law Firm of Aaron D. Wersing PLLC today to learn how we can help you prepare for a potential shutdown and avoid going without pay.

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Feb 28, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

Federal Employees & Working Remote

Working remote is one of the biggest changes that happened during COVID-19 pandemic. It started a revolution in how people carried out their work. That revolution extends to the federal government. Federal employees working from home or seeking remote work arrangements are the front-line soldiers of this change. However, changes are occurring so rapidly that it’s difficult to stay ahead of all the developments.Fortunately, our team at the Federal Employment Law Firm of Aaron D Wersing, PLLC, works hard to maneuver through these evolving environments. Our objective is for every federal employee to understand their rights, responsibilities, and opportunities regarding remote work. We’ll cover these issues in this piece. If you have additional questions or are one of the many federal employees seeking remote work, give one of our quality federal employment attorneys a call today.  What Is Working Remote, and How Does It Differ from Telework? Remote work is a permanent working arrangement where you work on a full-time basis from an alternative work site rather than an office or traditional workplace. Generally, the remote work location is your home. In a remote work arrangement, your agency cannot require you to report to the traditional worksite on any regular or recurring basis. Furthermore, your remote workplace doesn’t have to be in the local commuting area of your agency’s traditional office.  By contrast, telework is a flexible work arrangement where you can perform your duties from an approved alternate worksite, usually on a part-time basis. While you can still use your home as your alternate telework worksite, you have to remain within the local commuting area of the agency’s main office.  Are There Working Remote Benefits for Employees in the Federal Government? Absolutely. Remote work offers several benefits for federal employees. These include increased flexibility, reduced commuting time and costs, and a better work-life balance. In addition, it allows employees to design a work environment tailored to their personal productivity preferences. Consequently, remote work employees usually enjoy enhanced job satisfaction and efficiency compared to their teleworking and in-office counterparts. That said, remote work is not a universal benefit or right for all federal employees. Its availability varies from one agency to another. Agencies can also remove existing remote work arrangements for valid business considerations.  Which Federal Agencies Allow Working Remotely? If you want to learn more, you can visit the website of the Office of Personnel Management (OPM). Remote work for federal employees and related frequently asked questions are discussed in detail on their site. But generally, many federal agencies have embraced remote work to some degree or another, including the Environmental Protection Agency, the Department of Defense, and the Equal Employment Opportunity Commission. However, not all positions or offices have the same liberal attitude toward remote work. Agencies retain the discretion to decide whether to offer remote work options and determine employee eligibility according to performance and operational needs. Due to the quickly changing nature of the attitude toward remote work, there isn’t an exhaustive list of agencies that offer it. You should contact an agency’s human resources department to obtain the most up-to-date information.  Can I Request Working Remote As a Reasonable Accommodation? Yes. Federal employees can request remote work as a reasonable accommodation under certain circumstances. First, you must have a qualifying disability under the Americans with Disabilities Act (ADA). Second, you need to show that remote work would help you perform the core duties of your essential position with your limitations. Third, you will have to produce adequate medical documentation to support the need for accommodation. Finally, you must be ready to engage in an interactive process with your employer to determine if remote work is feasible for your agency.  Have More Questions About Working Remote? Give Us a Call Today. As the federal workforce continues to adapt to the increasing demand for flexibility and remote work opportunities, federal employees need to stay informed about their rights and the policies governing this type of work within their agencies. Whether you’re exploring the possibility of remote work as a reasonable accommodation or seeking to understand more of the rules surrounding remote work, the Federal Employment Law Firm of Aaron D Wersing, PLLC, is here to guide you. Our expertise in federal employment law positions us to provide unparalleled advice and support as you explore your legal options. Furthermore, we can represent you in a variety of legal situations if your employer violates your rights. Set up an initial consultation with us today by calling us or reaching out online. 

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Jan 24, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Whistleblower Claims

Is Nepotism Illegal in the Federal Workplace?

The word “nepotism” refers to favorable treatment towards an individual in the workplace because of their familial connection. Few people know what nepotism looks like, and even fewer know about the legality of nepotism in the federal workplace. This is completely understandable, given that nepotism is not as well-known as race or age discrimination.  Nonetheless, it’s vital you understand the truth about nepotism because it can have destructive effects on your career.  Clients occasionally ask us, Is nepotism illegal in the workplace? The answer is yes. House rules prohibit Members from hiring their relatives to serve on personal, committee, or subcommittee staff they chair. At-will employment allows termination at any time. Although nepotism is not illegal, it can lead to termination. Favoritism and nepotism may qualify as unlawful discrimination. In this article, we’ll discuss the official definition of nepotism, as well as the applicable federal employee nepotism laws that prohibit it. If you think you or a loved one are experiencing nepotism, contact our talented federal employment attorneys today.  Nepotism: Definition and Applicable Federal Employee Nepotism Laws The word nepotism originates from the Latin word for nephew. 5 U.S.C. § 2302(b) defines nepotism as the appointment, employment, promotion, or advancement of any individual who is a relative to a civilian position within the federal government. 5 U.S.C. § 3110(a)(3) defines a relative as any of the following:  Although grandparents and grandchildren are technically left out of this definition, advocating for appointing them to a federal position would likely run afoul of ethics regulations.  The chief law that applies to nepotism is the Civil Service Reform Act of 1978, which is the foundational law for the modern federal civil service. However, it is also prohibited by 5 C.F.R. § 2635. This statute outlines the standards of ethical conduct for federal employees. Finally, 18 U.S.C. § 208 renders nepotism a criminal act in situations where a federal official participates in a matter in which they have a personal financial interest. Nepotism and word-of-mouth hiring can serve as indicators of discrimination in a predominantly white workforce. While nepotism may violate state and federal employment antidiscrimination laws, it does not always do so. Is Nepotism Illegal in Government Workplaces?  To put it simply, yes. Nepotism is illegal in certain cases, such as government jobs with anti-nepotism laws. It can also lead to lawsuits if it causes discriminatory practices. Title VII of the Equal Employment Opportunity laws prohibits discrimination based on race, religion, color, national origin, or sex. This prohibition aims to uphold the integrity of the federal civil service. It further attempts to guarantee that employment decisions are predicated on a person’s merit and qualifications rather than their familial connections.  It’s also worth noting that nepotism is a prohibited personnel practice. That means that any employee who witnesses nepotism in a government space can file a complaint with the Office of Special Counsel (OSC). Filing a complaint makes you a federal whistleblower and protects you from any act of retaliation.  Nepotism vs. Cronyism People often confuse nepotism with its equally shady cousin, cronyism. While they’re branches of the same unsavory tree, there are subtle differences between them. Let’s briefly explore the differences. Nepotism As we discussed earlier, nepotism is all about family. It takes place when someone in a position of authority in a federal workplace gives preferential treatment to their relatives. One example would be hiring your brother for a role he’s not quite cut out for. Another example would be promoting a cousin over more qualified candidates. It’s the family ties that bind in nepotism. Cronyism Instead of family, cronyism is all about friends and associates. Cronyism occurs when someone in power favors friends or acquaintances, offering them jobs or promotions because of their personal relationships rather than their qualifications. We’ve all heard the old adage, It’s not what you know, but who you know. Cronyism would be the extreme version of that adage coming to life. Yet while American legal and ethical standards have always frowned upon nepotism, cronyism has been somewhat more common in this nation’s history. Nonetheless, cronyism is unacceptable under federal ethics standards. Are You Witnessing Nepotism In Your Federal Workplace? Take a Stand with the Federal Employment Law Firm of Aaron D Wersing PLLC.  Whether it takes the form of nepotism or cronyism, favoritism has no place in the federal workplace. Only a person’s merit and performance at work should control their position in the government. If you think you might be a witness to nepotism in your workplace, take action today.  Before you take action, it’s prudent to consult with a federal employment attorney. They can help you make sense of what you’re experiencing, confirm whether the behavior is nepotism, and present you with your legal options. If necessary, a federal employment attorney can help you prepare and file a complaint with the OSC to correct the situation.  Don’t just trust any law firm to represent you. Instead, go with a firm that is deeply knowledgeable about federal employment issues. The team at the Federal Employment Law Firm of Aaron D Wersing PLLC, only practices federal employment law. We won’t make rookie mistakes like other firms. Instead, you can rely on us to provide top-notch legal representation and first-rate customer service. Call us today or reach out to us on our website to set up your initial consultation.

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Dec 19, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

How to Prove Wrongful Demotion As A Federal Employee

If you have suffered an unfair demotion at work, then a wrongful demotion lawsuit will be your best bet for clearing your name and getting your career back on track. But before you begin your lawsuit, it’s vital to know how to prove your claims. As Sun Tzu once wrote, “Victorious warriors win first and then go to war.” There are two primary ways to prove wrongful demotion as a federal employee. The first is by showing that the government did not have just cause to remove you. The second way is by proving that your employer demoted you for illegal reasons, like discrimination or retaliation. Read on to learn more about these pathways and their respective legal requirements. If you have more detailed questions after reading this article, contact one of our outstanding federal employment attorneys.  How to Handle an Unfair Demotion Handling an unfair demotion is difficult under any circumstances. However, your strategy depends on how far along you are in the disciplinary process. As a brief reminder, there are three main stages of the disciplinary process:  1. Responding Before Your Employer Officially Proposes a Demotion Many employees have no idea that their employer is about to propose their demotion. However, there are other situations where you know that some kind of action is coming. If you are currently in this situation, make sure you document all interactions with your employer. Save copies of any relevant emails and journal any notable conversations. Continue doing this throughout every part of the disciplinary process.  Furthermore, consider scheduling a meeting with your supervisor or human resources team to discuss the alleged issue and potential alternatives. Hiring a legal representative for this kind of meeting can be a great way to show your employer that you want to resolve the situation and are willing to stand up for your rights. With timely action, many disciplinary actions can be delayed or even canceled. 2. Responding at the Proposal Stage By now, your employer is officially attempting to remove you. Fortunately, the law provides you with several protections. Due process requires that your employer first give you 30 days advance notice of its intent to demote you. They must do this in writing via a proposal letter. A proposal must include the following information to meet due process requirements: Make full use of all of these rights. Check whether the proposal letter meets all due process requirements. After that, carefully review the evidence. Does the proposal include objective evidence or just second-hand eyewitness accounts? Does anything suggest that you are getting treated differently than your colleagues?  Next, hire a legal advisor to help you craft a thorough oral and written reply. This reply may prove vital in convincing the deciding official not to demote you. 3. Responding After the Final Decision Letter After a minimum of 30 days, your employer will issue a final decision letter. In this letter, the deciding official can either uphold the penalty, mitigate it, or cancel the action entirely.  If you have received a decision letter upholding the unfair demotion, then you have the right to appeal the action to the Merit Systems Protection Board  (MSPB). Appeal your unfair demotion with the board within 30 days of the decision letter date. After that, hire an attorney to discuss how you will argue your case.  Legal Standards at an MSPB Hearing In an MSPB hearing, the burden is on your employer to justify their actions. If the demotion was related to misconduct, then your employer must prove by a preponderance of the evidence that you committed the alleged conduct. They must also demonstrate that there is a nexus between your alleged misconduct and the efficiency of the federal service. If they cannot meet this burden, then the judge will overturn or mitigate your demotion. Even if the agency meets its burden, you have the opportunity to defend yourself by raising affirmative defenses. There are two main types of affirmative defenses: You can also argue that the agency’s decision was not in accordance with the law in some other way. If you can prove your affirmative defense by a preponderance of the evidence, then you will prevail even if the agency proves you committed the alleged misconduct. Can There Be Compensation for a Wrongful Demotion? Yes. If you succeed in your appeal, the MSPB can award you back pay, compensatory damages, and attorney’s fees. It can also reinstate you in your previous position. Contact Our Federal Employment Attorneys to Help You Handle Your Unfair Demotion Here at the Federal Employment Law Firm of Aaron D. Wersing, each one of our attorneys has a proven track record of effective litigation on behalf of federal employees. We’ve tackled all kinds of MSPB appeals, including ones for unfair and improper demotions. Thanks to our experience, we can work with you to identify an effective litigation strategy that maximizes your chance of a successful appeal. Along the way, we’ll provide you with sterling client service. Reach out to us today to schedule an initial appointment. 

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Dec 15, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

PTSD Reasonable Accommodations for Federal Employees

Once called “shell shock” or “battle fatigue” because of its association with the trauma of military combat, post-traumatic stress disorder (PTSD) has emerged as a growing mental health issue across the country. Statistics from the National Institutes of Health suggest that almost 4% of the U.S. adult population grappled with PTSD within the last year. Characterized by recurring nightmares, flashbacks, and an aversion to certain stimuli, PTSD is not merely a psychological abstract. It’s a tangible disruptor of everyday functionality. The good news for federal employees with PTSD is that they have a right to reasonable accommodation through the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA). In this piece, we’ll unpack PTSD’s status under the Rehab Act and the ADA. We’ll also discuss PTSD reasonable accommodation examples. Contact our outstanding federal Equal Equal Employment Opportunity Commission (EEOC) reasonable accommodations lawyers to receive personalized legal advice.  Is PTSD an ADA Disability? “Is PTSD covered under the ADA” is probably your first question when it comes to this issue. It is undoubtedly the most common question we receive on this topic. The short answer is almost always yes.  Fully understanding this answer requires us to delve into the history of reasonable accommodation. The Rehabilitation Act of 1973 was the first law to obligate federal agencies to provide reasonable accommodation. However, there was some ambiguity on what constitutes a disability. While the ADA extended the rights to reasonable accommodation to private-sector employees, the controversy over the definition of a “disability” continued. Finally, Congress passed the ADA Amendments Act of 2008 (ADAAA) to expand the definition of disability and create a universally inclusive work environment. The ADAAA’s position is clear: any impairment that substantially impacting one or more major life activities warrants disability status. Given that major life activities include activities like working, thinking, and interacting with others, PTSD is undoubtedly a disability.  PTSD Reasonable Accommodation Examples Federal employees with PTSD have ample flexibility when it comes to requesting a reasonable accommodation. Ultimately, the best accommodation for you depends on your position’s core duties and specific symptoms. That said, here are a few PTSD reasonable accommodations: Curious to learn whether another kind of accommodation is possible for you? An experienced federal employment attorney can assist.  Requesting an Accommodation for PTSD: Simplicity in Action Submitting a reasonable accommodation request is refreshingly simple compared to other legal processes. All you have to do is make a simple statement that you need accommodation because of a mental or physical condition. A request could be something such as communicating that you need to work from home because of your PTSD symptoms. Once you share your need for an accommodation, you trigger an interactive process involving you and your employer. Both sides collaborate to find an ideal accommodation that meets your needs while not presenting an undue burden to your employer.    Are There Complex PTSD Accommodations? Yes. Many of the accommodations we mentioned earlier also suffice for complex PTSD (CPTSD). However, they’re not the only ones. Employees can request any accommodation that allows them to perform their job duties and is not an undue burden for their employer.  Start Your Reasonable Accommodation Journey with the Best Legal Team A qualified group of attorneys can help you transform your reasonable accommodation ideas into reality. Fortunately, our attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, are ready and willing to partner with you.  When you work with us, we’ll help you submit your request and articulate your ideal accommodations. We can also interface with your healthcare team to collect compelling medical evidence. Then, we negotiate with your agency’s human resources or reasonable accommodation team. We’ll even initiate legal action to get you the reasonable accommodation you deserve.  Don’t wait. Start your journey towards a better work-life by calling us today or contacting us online.

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