Sep 2, 2022 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

A Guide to the Hatch Act for Federal Employees

The executive branch of the federal government and its numerous employees need to work for the benefit of all Americans. Therefore, federal employees need to maintain an appearance of political impartiality within the workplace. To help employees be impartial, Congress passed the Hatch Act of 1939. The Hatch Act places several limitations on the kinds of political activities federal employees can engage in. Running afoul of these limitations is serious and is grounds for discipline. So if you are aware of a Hatch Act violation, you should report it to the U.S. Office of Special Counsel (OSC). However, reporting a Hatch Act violation may lead to retaliation, so make sure you contact a knowledgeable employment law attorney first. What is the Hatch Act? The Hatch Act is a law that aims to keep the din of partisan politics out of the federal workplace. At the same time, it tries to protect federal employees’ first amendment rights. Unlawful Activities Under the Hatch Act Covered Hatch Act employees cannot do any of the following: Run for office in a partisan political election. However, federal employees can be candidates in non-partisan elections. Many local positions, like sheriff or judge, are nonpartisan. Solicit or discourage the political activity of any person doing business with the government. In other words, federal employees need to keep politics out of their dealings with business partners of the government. Invite subordinates to engage in partisan political activity or attend political events. Obviously, this prohibition applies to supervisors. Whatever their personal relationship with their subordinates, supervisors must avoid suggesting or recommending they go to political rallies or vote for a particular candidate. Use their official authority to interfere with an election. For instance, military commander should not use their power to shut down a polling station. Ask for, accept, or receive political contributions. There is a very narrow exception to this rule, but employees must meet several conditions to enjoy this exception. One requirement is that both employees be in the same labor organization. Engage in political activity while on duty, in the workplace, or in a government vehicle. Political activity includes things like wearing partisan political clothing, making political contributions, and doing campaign-related tasks. While these prohibitions apply to most employees, some types of federal employees face additional restrictions. Examples include career senior executive service (SES) employees and administrative law judges (ALJs). Acceptable Activities Under the Hatch Act Despite these limitations, you can still do many political activities under the Hatch Act. Some of these activities include: Registering to vote and voting in partisan elections—You can vote for any person you like, even if that person is an independent or belongs to a third party. Helping with voter registration drives—Merely encouraging people to vote does not mean they have to support a political party. Joining and serving in partisan political groups—This means your co-worker Bob can participate in the local Democratic Party group as long as he does not ask you to join him. Attending political rallies and political meetings—This includes local town-hall meetings, candidate rallies, and even partisan presidential conventions. Making speeches for or against candidates in a partisan election—Keep in mind, though, that you can only do this outside of the federal workplace. Expressing your opinions about political issues—You can express your opinions about non-partisan opinions even in the workplace. Expressing your opinions about partisan political issues or candidates—Unlike non-partisan issues, you cannot carry out this activity if you are at work or using your official authority. This list is not exhaustive. So you may still be able to carry out some political activities, especially when you are not on duty. If you want to learn more about what the Hatch Act allows, ask a federal employment lawyer. Which Federal Employees Does the Hatch Act Cover? The Hatch Act applies to federal employees working for the executive branch of the U.S. government. This includes the vast majority of federal employees. Just a few of the many executive branch agencies are: The Department of Defense, The Department of Education, The Department of Energy, The Department of Agriculture, and The Environmental Protection Agency The Hatch Act does not cover employees working for the legislative or judicial branches. But it can be difficult to know which branch of government is served by which agencies. A few agencies that fall under the legislative branch are: The Government Accountability Office The Copyright Office The Congressional Budget Office The Library of Congress The House of Representatives The Senate The U.S. Capitol Police Examples of judiciary branch agencies and organizations include: All federal courts The U.S. Sentencing Commission The Federal Judicial Center The Administrative Office of the U.S. Courts Despite these exceptions, a good rule of thumb is to assume that you are covered by the Hatch Act. Interested in Learning More About the Hatch Act? Every two to four years, the Hatch Act becomes a hot issue within the federal workplace. During those times, it can be difficult to learn about what is acceptable under the law. And on top of that, there are all kinds of misinformation and misunderstandings about the Hatch Act. If you would like to learn more about what you can do under the Hatch Act, you need to consult a good attorney. Our team at the Federal Employment Law Office of Aaron D. Wersing, PLLC is standing by to help you. We want you to be able to exercise your political rights freely. We can also help you if your supervisor or another bad actor is violating the Hatch Act. With our team, you can rest assured you will get top-notch legal advice. Reach out today by calling us at (833) 833-3529 or contacting us online.

May 23, 2022 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

What Are My Rights as a Federal Employee if I Am Facing Suspension?

No federal employee ever imagines that they’ll face a possible suspension. Not only is it a black mark on your record, but it can also deprive you of pay for days, weeks or even months. And in most situations, a proposed suspension catches you completely off-guard. Employee suspension laws are complex, so you may not know where to turn. However, if you’re facing a suspension, there’s no need to panic or just give in without a fight. As a federal employee, you have rights. Take a moment to learn more about federal employee rights in the workplace. After that, consult an experienced federal employment attorney at the Federal Employment Law Firm of Aaron D. Wersing, PLLC right away to learn about your options. A Federal Employee’s Rights in the Workplace A federal employee facing any punishment (including suspension) is protected by several laws that guarantee their right to due process. Depending on the length of the proposed suspension, a federal employee may receive additional rights. Under federal employee suspension laws, there are two kinds of actions a federal agency can take against its employees: disciplinary actions and adverse actions. Disciplinary actions include less serious punishments like: On the other hand, adverse actions refer to more serious punishments, like suspensions of 15 days or longer, demotions, and removals. Because the “stakes” are higher for an employee facing an adverse action, the law grants them additional employee suspension rights to protect their careers. Rights for Employees Facing Shorter Suspensions If you are facing a suspension of fewer than 14 days, then you have the right to know why the federal agency is taking action against you. In the letter proposing your suspension, the agency needs to include a specific charge (like insubordination, inappropriate conduct, etc.). Next, It must include a detailed description of the circumstances surrounding your alleged wrong behavior, like when and where it happened. Furthermore, you have the right to receive a copy of the evidence that your employer is relying on to propose your suspension. You have other rights as well, like the right to respond to the proposal letter. To respond, you can choose to submit a written response and/or meet with the deciding official and provide a verbal response. Finally, you have the right to legal representation. Your representative can be a friend, colleague, union representative, or attorney. Rights for Employees Facing Longer Suspensions Federal law considers suspensions of more than 14 days to be adverse actions. That means that a federal employee facing a 15-day suspension has even more rights than an employee facing a 5-day suspension. In addition to the rights that we just discussed, federal employees facing longer suspensions have the right to receive advance notice of the suspension. If you are facing a longer suspension, your agency needs to notify you of the proposed suspension at least 30 days before it begins. They must also allow you to work without any interruption before and after the proposed suspension. Your agency must give you a longer period—at least seven days—to respond to the adverse action. Finally, if your agency actually suspends you, you can appeal the suspension to the Merit Systems Protection Board (MSPB). Don’t Wait. Contact an Attorney Right Away As you can see, a federal employee facing suspension has several rights. However, if you are facing a suspension of any length, it’s critical that you contact a lawyer as soon as possible. A skilled federal employment attorney can help you craft your response, analyze the government’s evidence, and determine if there were any illegal or discriminatory motivations behind the suspension. They can also help you negotiate with your employer, plead your case before a judge, and even obtain compensation if your rights were violated. With the Federal Employment Law Firm of Aaron D. Wersing, PLLC, you can enjoy unparalleled client representation. We delight in standing up for our clients and making sure they receive only the best treatment. Additionally, Mr. Wersing has a tremendous amount of experience protecting federal employees’ rights. Thanks to his experience and dedication, our clients are more than happy to share their success stories. Employee suspension rights is an area we focus us, so let us help you defend your rights and protect your federal career. Call us at 833-833-3529. You can also schedule an appointment online.

May 20, 2022 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

How to Report an Abuse of Authority in the Federal Workplace

We’ve all had bad supervisors in our careers. Yet sometimes the behavior of a supervisor can cross the line into illegal behavior. Abuse of authority is one of several personnel practices that are banned completely from the federal workplace by U.S. law. Understanding how to distinguish between legal and illegal behavior isn’t necessarily easy, however. Read on to learn more about the abuse of authority in the workplace, including its definition and several examples. If you or a loved one think you are dealing with abuse of authority in the workplace, contact a knowledgeable federal employment attorney today. Abuse of Authority: Definition Most people understand that it is illegal for a federal employee or supervisor to abuse their authority. But what is “abuse of authority”? The definition of “abuse of authority” is an “arbitrary and capricious exercise of authority that is inconsistent with the mission of the executive agency concerned.” That definition leaves a lot of room for interpretation. As you’ll see below, abuse of authority can take many different forms. Abuse of authority occurs when individuals misuse power through intimidation, threats, or coercion. These actions endanger job security, hinder work performance, and threaten financial stability. Abuse of Authority: Possible Real-Life Examples To help give you a better understanding of what abuse of authority can look like, consider these hypothetical examples: No matter what form it takes, abuse of authority is a serious problem. It can destroy the culture of an office or workspace, crush employee morale, increase turnover, and lead to fraud and corruption. That means it needs to be reported and resolved immediately. What Should I Do to Report Abuse of Authority? If you suspect someone in the federal workplace of abuse of authority, you should consider reporting their behavior to a trusted supervisor, human resources specialist, or your agency’s Office of the Inspector General. If you can’t think of anyone that you can trust in your agency, you can also file a complaint with the U.S. Office of Special Counsel (OSC.) It is only fair to be nervous about blowing the whistle on your boss or colleague. But the good news is that the law protects you against retaliation once you file a complaint or report about an abuse of authority. You should also strongly consider getting legal counsel. Don’t Fight the Battle Alone. Let Us Help You Defend Your Rights While the law protects you against retaliation, it can be overwhelming to file a lawsuit against your federal agency. This is especially true when you have to cope with stress, anxiety, and mental trauma. For that and many other reasons, you should consult an attorney. A qualified attorney will be able to assess your case, help you weigh your options, and maximize your chances of winning your case. At the Federal Employment Law Office of Aaron D. Wersing, PLLC, our team of specialists is familiar with virtually every kind of federal workplace issue. Mr. Wersing has represented countless federal employees, and he is dedicated to protecting his clients’ rights. Together, we can help you get your life back on track and hold the abuser of authority accountable. Call us at 833-833-3529 or schedule an appointment online.

Jan 26, 2022 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

What Federal Employees Should Know About Working While Pregnant

Federal employees who are pregnant or may become pregnant have special rights under the law. For one, they have protections against pregnancy-based discrimination and gender-based discrimination. In addition, they have the legal right to receive certain work adjustments while they are pregnant. If you or a loved one are facing pregnancy-related discrimination or are not receiving accommodations from a federal employer, you should contact a qualified workplace discrimination attorney at the Law Office of Aaron D. Wersing, PLLC immediately. Working While Pregnant: Relevant Federal Laws In 1978, Congress passed the Pregnancy Discrimination Act (PDA). This act expanded the prohibition against sex discrimination to include discrimination relating to pregnancy, childbirth, and all related conditions. In other words, your employer cannot discriminate against any employees in any way because they are pregnant or were pregnant. This prohibition applies to all aspects of employment, including hiring, firing, pay, and job assignments. In addition, employers cannot discriminate against employees because they intend to become pregnant or have a medical condition related to pregnancy. The PDA also prevents employers from harassing those who are working while pregnant. Harassment includes a variety of behaviors, including: Finally, the PDA prohibits employers from excluding pregnant women from certain work conditions for their “protection.” Due to these expansive protections against pregnancy-related discrimination, any employee who believes they are experiencing harassment because they are working while pregnant should contact an attorney. Accommodations for Working While Pregnant Other laws provide additional protections for pregnant employees. For example, the Family and Medical Leave Act entitles employees to take up to 12 weeks of leave for the birth of a child. Furthermore, employees who are working full-time while pregnant—or even just part-time—may be able to get accommodations to help them perform their job. According to the EEOC, possible accommodations for employees who are working while pregnant can include things like: A pregnant employee can also receive accommodation for conditions that are caused or aggravated by their pregnancy. Potential conditions include: Ideally, the pregnant employee will be able to perform the regular duties of her job with accommodations. In some situations, however, the employee may not be able to perform certain functions of their job while pregnant. In these cases, the PDA allows employers to temporarily alter the pregnant employee’s job duties. Alternatively, the employer can transfer the pregnant employee to a different position until she delivers the child. Employers should engage in an interactive discussion with pregnant employees to determine possible accommodations. Do You Want to Learn More About How the Law Protects Those Who Are Working While Pregnant? Creating a family is a special and exciting time of life for most people. Although it also comes with many challenges and trials, discrimination and harassment should never enter the picture. When discrimination and harassment occurs, it can have a devastatingly negative impact on the mother’s mental and physical health. That’s why it is so important for you to get legal help immediately if you think you or someone you love are suffering from workplace pregnancy discrimination. Contact a Federal Workplace Discrimination Lawyer Today Here at the Law Office of Aaron D. Wersing, PLLC., we are fully committed to protecting our clients from any form of workplace discrimination. We will fight to ensure that you have a safe place to work, free from discrimination. We’ll also fight to get you any compensation you deserve for any harm you have endured so far. Even if you aren’t sure whether you need an attorney or are facing discrimination, contact us today. Don’t wait. Give us a call today at (866) 612-5956. Let us help you defend your rights!

Nov 16, 2021 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

A Federal Employee Lawyer Explains What a Workers’ Comp Causation Letter Is

Workers’ compensation (or “workman’s comp”) is a very familiar term for individuals in the workforce, but many only understand that term in regard to state rules. If you’re looking for help with a claim, many workers’ comp attorneys only handle work injury claims under state law. But If you’re a federal civilian employee who suffers injury at work, you must make your claim for benefits under the Federal Employees’ Compensation Act (FECA). Making a claim under FECA can be complicated, frustrating, and protracted. Enlisting the help of an experienced federal workers’ compensation attorney can reduce your frustration and help you win sorely needed benefits from FECA. A large factor in winning many FECA claims is a workers’ compensation causation letter. We can help you understand what this is. But first, some background on how FECA claims work. The Basics of a FECA Claim Federal civilian employees who suffer a traumatic injury or occupational disease because of work should report their injuries and seek medical treatment immediately. An injured worker then needs to file paperwork with the Office of Workers’ Compensation Programs (OWCP) to receive FECA benefits for their injury. An injured employee has to prove to the OWCP that their work caused their injury before they can receive FECA benefits. In most cases, the employee needs to provide medical records to an OWCP Claims Examiner to do this. If the OWCP accepts the claim, the employee can receive benefits including: This might seem simple on the surface, but the OWCP can make multiple requests for additional information before they make a decision, and you could still end up with a denial at the end. What Does a Workers’ Compensation Causation Letter Do? The OWCP Procedure Manual states that if you didn’t suffer a “clear-cut” traumatic injury, you have to provide a rationalized medical opinion that proves your work caused your injury. This means that your physician might have to provide a lot of detail about what caused your injury and how. A causation letter is a detailed letter from your physician that explains why they believe your work caused your injury. Your physician might provide this information at the beginning, a Claims Examiner might request this information, or you might need this information to appeal a claim denial. It could take several months before OWCP is satisfied with your evidence and makes an initial decision about your benefits. Consistently providing additional information and waiting that long for benefits can be harrowing when you’re dealing with an injury. A federal workman’s comp lawyer can handle your claim matters for you and help expedite the claim process. Why Do I Need a Federal Workmen’s Compensation Lawyer for My FECA Claim? In general, workers’ compensation is a complicated and bureaucratic area of law. The process of filing a claim is even less user-friendly under FECA. Workman’s Comp Lawyers Can Meet Stringent Evidence Requirements for FECA Claims Claims Examiners can require a lot of information before they make a decision. You might have to endure multiple rounds of information requests just to receive a Claims Examiner’s “yes” or “no.” A knowledgeable workers’ compensation attorney can compile and present the right evidence to help you get your benefits. Workman’s Comp Attorneys Have the Skill and Time to Represent You in FECA’s Difficult Appeals System When you imagine attending a hearing to fight for your workers’ compensation benefits, you probably imagine entering a nearby hearing office to plead your case. For many FECA claimants, this is not an option. Most hearings are only reviews of the written record or telephone conferences that are limited in time. Appeals also happen only through the OWCP or the Employees’ Compensation Appeal Board. With such constraints on your ability to present your case, you likely need a work compensation lawyer to effectively represent your position. In-person appeal hearings are even more difficult to obtain. You should know that there are only 12 Federal Employees Program Offices in the country. There might not be an office anywhere near your state. Workers’ compensation attorneys have the opportunities and resources you don’t have to travel to these offices and skillfully represent your position in person. Reach Out to an Attorney Today to Champion Your Rights When you need benefits for a serious work injury, you don’t want any opportunity to slip through the cracks. At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we don’t let our injured clients’ opportunities pass them by. Our federal workers’ comp lawyers are experienced and passionate about protecting the rights of federal employees. If you need help, we hope you will contact us online or call us at 833-833-3529.

Jul 12, 2021 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

COVID-19 Paid Leave as a Federal Employee—What to Know

Since the COVID-19 Pandemic began last year, tens of millions of Americans have fallen sick with the disease. To help protect its workers and their families, the government has offered several benefits to federal workers who experience difficulties because of COVID-19. If you’re one of the many federal employees with coronavirus, you’ve probably asked yourself, Do I get paid if I have COVID-19? The good news is that there is paid COVID-19 leave for federal workers who had the disease, been quarantined, or had to care for an ill family member. Take a moment to learn more about whether you are eligible for federal COVID-19 leave. Is There Federal COVID-19 Leave? Yes. The latest effort to provide federal employees with leave began in March. At that time, Congress passed the American Rescue Plan Act of 2021 (ARPA). ARPA included a provision that granted federal employees up to 15 weeks of emergency paid leave (EPL) under certain COVID-19-related circumstances. As outlined by the Office of Personnel Management (OPM), employees can obtain COVID-19 leave if they meet one of eight qualifying circumstances. Here are several of those circumstances: To receive the paid sick leave, the employee must be unable to work at their office and unable to work from home because of the qualifying circumstance. Also, federal agencies cannot force any employee to use other forms of paid leave before requesting EPL. Limitations of Federal COVID-19 Leave Under the American Rescue Plan Act Unlike regular paid sick leave, EPL has a monetary cap. An employee will receive 100% of their salary if that salary is less than $1,400 per week. EPL provides no compensation beyond that cap. Therefore, if you normally make $2,000 a week in your federal position, you’ll only receive $1,400 for each week you use EPL. Also, there is a small window of time to use emergency paid leave. Employees can only use EPL between March 11 and September 30. 2021. Finally, the government set aside a limited amount of money—$570 million—to pay for emergency paid leave. If those funds run out before September 30, 2021, then you cannot receive EPL. Who Processes EPL Claims? After you request EPL from your employer, they’ll decide whether or not to accept your request. Assuming they accept your claim, they will forward it to OPM for reimbursement. However, it may take time for OPM to resolve your claim because it processes EPL claims on a first-come, first-served basis. That’s one reason why it’s important to request EPL sooner rather than later. What If I Had COVID-19 in 2020? You cannot request EPL if you had COVID-19 last year. Before passing ARPA, the government offered federal COVID-19 leave under the Emergency Paid Sick Leave Act. After Congress passed the Emergency Paid Sick Leave Act, OPM released clarifying guidance for all federal agencies. According to that guidance, EPSLA gave employees up to 80 hours of paid leave if they were in quarantine, experiencing COVID-19 symptoms, or caring for a family member. EPSLA’s paid sick leave equaled 100% of the employee’s regular pay if the employee was in quarantine or had COVID-19 symptoms. Unlike EPL, EPSLA’s COVID-19 leave did not have a pay cap. So Do I Get Paid If I Have COVID? Yes and no. There isn’t a law that gives COVID-19 payments specifically to federal employees. However, federal employees indirectly receive payments through EPL because it is paid leave. Moreover, any federal employee who made less than a certain amount of money ($75,000 for an individual or $150,000 for a couple) received stimulus checks earlier this year. Is Your Employer Giving You the Federal COVID-19 Leave that You Deserve? Getting COVID-19 can be a devastating experience with long-lasting effects. Because of that, the new federal COVID-19 leave law grants you special rights for COVID-19-related situations. If your employer is denying you emergency paid leave or retaliating against you because of your sick leave request, they may be infringing on your rights. At the Law Office of Aaron D. Wesing, PPLC., we work to help federal employees stand up for their rights. We have many years of experience assisting hundreds of federal employees with a huge range of federal employment problems. If you think your employer is violating your rights, contact us online or call (833) 833-3529. Don’t wait. Let us help you!