Nov 15, 2023 | By Aaron D. Wersing | 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.

Oct 13, 2023 | By Aaron D. Wersing | 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 schedule an initial consultation and discuss how we can assist you.

Oct 11, 2023 | By Aaron D. Wersing | 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. Reasonable accommodations include interpreters, modified duties, flexible or remote schedules, accessible technology, and adaptive equipment. 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 schedule an initial consultation and discuss how we can help with your case.

Aug 15, 2023 | By Aaron D. Wersing | 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.

Jul 7, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

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

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. President Chester A. Arthur signed the Pendleton Civil Service Act into law on January 16, 1883 to ensure citizens could compete for federal jobs without political, racial, religious, or national bias. 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 required federal jobs to be awarded based on merit, mandated competitive exams for selection, and prohibited firing or demotion for political reasons for covered employees. 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. Our firm proudly offers services to federal employees nationwide. Contact us at 833-833-3529 to discuss your case, or schedule an appointment online. We are eager to stand by your side and assist with any issue you may be facing.

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

Can Federal Employees Be Fired for Talking About Wages?

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

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

Disability Rights for Federal Employees: Understanding Your Rights

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

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

Federal Employees Health Benefits (FEHB) Overview

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

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

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

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

Jan 11, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Does Title VII Apply to Federal Employees?

Since its passage, Title VII of the Civil Rights Act of 1964 has served as the cornerstone of federal anti-discrimination law. It prohibits discrimination based on race, religion, sex, national origin, and color for most private-sector organizations, as well as state and local government entities. Fortunately, Title VII applies to all federal employees. However, Article VII’s applicability to federal employees may limit their ability to bring other kinds of lawsuits for certain claims. Read on to learn more about the current status of Title VII for federal employees. If you have more questions, get in touch with a knowledgeable federal employment lawyer right away. Understanding the Basics of Title VII Before going any further, it might be helpful to briefly review exactly what Title VII does. If Title VII applies to an organization, that organization cannot discriminate against any person with regard to any term, condition, or privilege of employment. Practically speaking, this means that any form of workplace discrimination is completely outlawed by Title VII. Terms and conditions of employment include things like: Obviously, enjoying discrimination protections in these matters is essential. Title VII and the ADA apply to employers, including employment agencies and unions, with at least 15 employees. These laws also cover federal, state, and local governments. Title VII and Federal Employees Once again, if you are a federal employee, you need not worry whether Title VII applies to you. It applies to all federal agencies, regardless of their size or main location. Title VII also applies to applicants for federal employment, regardless of their citizenship or immigration status. That said, Title VII does not apply to Tribal nations, and it does not cover independent contractors. There is one major difference between federal employees and private-sector employees worth mentioning. While private-sector employees can file lawsuits for discrimination under Title VII, they may also file lawsuits relating to illegal discrimination under other laws. This may be preferable in certain situations because different laws may allow a person to recover more damages than Title VII. Federal employees, on the other hand, may resolve discrimination-related lawsuits only through Title VII claims. In the landmark 1976 case Brown v. GSA, the Supreme Court held that the only judicial remedy for federal employees is Title VII. For someone who has suffered from discrimination and is considering whether to file a lawsuit, the implications of this decision are enormous. If you fail to file your Title VII lawsuit within a certain amount of time after the discrimination, the court will probably throw your case out. This will leave you without any ability to get justice. Two Hypothetical Examples of Title VII Discrimination There is no limit to the forms that discrimination can take. It can be obvious or subtle, constant or periodic. Consider the two following hypothetical examples of discrimination in hiring and termination matters. Example #1 A man with a background in tax law applies for a federal tax attorney position. He seems very well qualified and makes it through the interview process. During the security check process, the hiring manager learns that the applicant has a restraining order against his former ex-wife for domestic abuse. Because the hiring manager believes that only women can be victims of domestic abuse and that men should be able to “man up” and protect themselves, she decides to reject the male applicant. Example #2 A woman from a conservative Christian religious background applies to work at the United States Postal Service (USPS) and gets the job. Shortly after she starts work, her supervisor informs her that she must wear pants as part of the USPS’s dress code policy. The employee believes that donning pants violates her religious beliefs and requests religious accommodation so that she can wear something more conservative. USPS refuses to make any accommodation and terminates the employee instead. Still Wondering About Title VII? Concerned About Discrimination? Let Us Help You Today Chances are, you’re wondering whether Title VII applies to federal employees because you are a federal employee suffering from discrimination. If that’s the case, we have good news for you. You have rights. You do not need to simply put up with discrimination. But if you are the target of discrimination, you need to seek legal counsel right away. There are many lawyers today that you could hire. But it is critical you hire the best attorney possible. Ideally, you want an attorney with extensive experience in federal employment matters, outstanding customer service, and a track record of success. At the Law Office of Aaron D. Wersing, PLLC, we pride ourselves on protecting and defending federal employees from all types of illegal discrimination. We have decades of experience helping federal employees stand up for their rights and careers. If you retain one of our attorneys, we promise to do everything we can to help you enjoy a fair and equitable work environment. We will also make every effort to see that you receive just compensation for your losses. Call us right away at 833-833-3529, or reach out to us online.