May 19, 2022 | By Aaron D. Wersing | Read Time: 4 minutes | MSPB

What to Expect at an MSPB Hearing

The law grants every federal employee the right to contest major adverse actions, such as suspensions over 14 days, demotions and removals. The Merit Systems Protection Board (MSPB) is the government agency tasked with providing a venue for federal employees who wish to appeal an adverse action. If you’re appealing an adverse action, your MSPB hearing will often be your best opportunity to argue your side of the case and present evidence in your defense. Below, we review what you can expect at an MSPB hearing. While this guide can help prepare you, it cannot substitute for years of legal training and experience. Therefore, if you have an upcoming MSPB hearing, you should definitely consider contacting a qualified MSPB hearing lawyer. What Do I Need to Do Before a Merit Systems Protection Board Hearing? Most Merit Systems Protection Board cases take several months to resolve. The Board’s policy is to adjudicate all appeals within 120 days of receipt, although this standard cannot always be met. Before the hearing, the parties have an opportunity to engage in discovery. This means that you can ask your agency to produce relevant evidence, admit certain facts, and answer certain questions that help your case. You can choose to depose certain individuals, which means you can ask them relevant questions in real-time that they have to answer under oath. The administrative judge (AJ) often also holds a preliminary status conference to discuss the case and clarify any issues from the onset. After the discovery period, the AJ holds a pre-hearing conference with the parties. At this conference, the AJ discusses several key matters with the parties based on their prehearing submissions, including: The MSPB’s hearing procedures, Any pending discovery disputes, How to define the issues of the case, Mutually agreed-upon facts (also called stipulated facts), Potential settlements options, Which witnesses each party wants to speak at the hearing, and Potential exhibits. These matters can become complicated very quickly. In addition, you can expect a fully qualified and experienced attorney to represent your agency. That’s one of the reasons why you should have an attorney by your side during your MSPB hearing. These days, a test call (or test Zoom meeting) is sometimes required by the MSPB AJ as a confirmation before the hearing that all parties and witnesses have the technology to participate adequately. What You Can Expect at an MSPB Hearing Almost all MSPB hearings begin with a brief technology check. The AJ will then give both parties one last chance to discuss and resolve any pre-hearing matters. Once that step is finished, the AJ directs the agency to call its witnesses. Witnesses participate one at a time. At the beginning of each witness’s testimony, the AJ or court reporter will put them under oath. The AJ then allows the agency’s attorney to conduct their direct examination of the witness. During the direct examination, the agency counsel will ask certain questions of the witness. You (or your attorney) are allowed to object to the questions from agency’s counsel for certain reasons, such as relevancy. After the agency counsel concludes their examination, you have an opportunity to conduct a cross-examination of the witness. This process continues for each one of the agency’s witnesses. After the last agency witness finishes, the agency will declare that it “rests” its case. At that point, the employee can call their own witnesses. After calling each one of their witnesses, the employee or their representative conducts a direct examination. The agency counsel then has an opportunity to cross-examine the witness. Once the employee’s witnesses have all testified, the AJ allows each party to deliver a short closing statement. Sometimes, this closing statement will be required to be in writing. Parties use their closing statements to argue their case and highlight and review key points of testimony that favor their position. Once closing statements conclude, the AJ adjourns the hearing to consider the evidence. You can typically expect a decision from the AJ within several months after the hearing. Do MSPB Hearings Involve Juries? No. Unlike many state and federal court cases, MSPB hearings do not involve juries. Instead, they include only the MSPB AJ, you (and your counsel), the Agency’s counsel, and a court reporter. The parties can call witnesses to participate. However, those witnesses must immediately leave after the AJ excuses them. Where Do I Go For My MSPB Hearing? Because of the COVID-19 Pandemic, the MSPB generally holds hearings on video calling applications like Zoom. Therefore, most employees can participate from the comfort of their own homes, and expenses for attorney travel are greatly minimized. Let Us Help Represent You During Your MSPB Hearing Now that you have a basic idea of what to expect at a Merit Systems Protection Board hearing, you can probably imagine how complicated they can become. In fact, it can be almost impossible to know when to object to a question or determine what kind of matters you should ask your employer during the discovery process. For that reason, it’s imperative that you have legal representation to maximize your chances of success. Your future deserves nothing but the best. The team at the Federal Employment Law Office of Aaron D. Wersing, PLLC is committed to bringing you stellar representation. We care deeply about protecting your federal career and preserving your legal rights. We’ve zealously defended our clients’ interests at countless MSPB hearings over the years. Let us give you the representation you deserve. Don’t wait. Call us at 833-833-3529 or get in touch with us online.

Mar 29, 2022 | By Aaron D. Wersing | Read Time: 2 minutes | Workplace Discrimination

What to Do If You Were Wrongfully Demoted

Getting demoted at work can be a crushing blow to your career. However, it’s especially devastating and unjust when you know you were wrongfully demoted. Maybe your boss decided to demote you because of your skin color or gender. Or perhaps your boss demoted you because you made a complaint about a legal or ethical violation in your workplace. Regardless of the reason, it’s essential that you preserve your rights immediately and defend yourself against your employer’s actions. To get in touch with an experienced federal employment attorney, contact the team at the Federal Employment Law Office of Aaron D. Wersing, PLLC for immediate assistance. What Does Wrongfully Demoted Mean? When a person says they have been demoted, they mean that they’ve been reduced to a lower rank or less senior position. For example, a federal supervisor may demote their subordinate from a GS-13 job to a GS-12 position. Sometimes, demotions are implemented as a form of discipline, to hold an employee accountable for alleged misconduct or poor performance. Other times, employees receive a demotion because of illegal, discriminatory reasons. It’s important to understand that federal discrimination laws prohibit any adverse actions, including demotions, for illegal and discriminatory reasons. More specifically, you cannot receive a demotion because of your: If you think you are being demoted at work because of one of these discriminatory reasons, you need to act quickly. You can file a complaint with the Equal Employment Opportunity Commission (EEOC). You may also have the right to appeal your demotion with the Merit Systems Protection Board (MSPB). These avenues are very different, and it is important to speak to an attorney familiar with the unique rights of employees of the federal government. Whatever appeal path you take, it’s essential that you act in a timely manner. Although the law grants you the right to hold your employer accountable for discrimination, you cannot wait very long. Otherwise, your complaint will be untimely, and a judge will likely toss it out. Want to Learn More About Your Options After Being Wrongfully Demoted at Work? Now that you know what being wrongfully demoted means, you’re probably wondering what to do next. You also know why wrongful demotions can happen and what agencies you can file a complaint or appeal with, but you’re probably unsure of how to actually start the process. Knowing that you’ve been wrongfully demoted is just the beginning of your journey for justice. At the Federal Employment Law Office of Aaron D. Wersing, PLLC, our attorneys will do everything possible to protect your rights. When you walk through our doors, we know you’re hurting and need some help. We want to sit down with you to hear your story. But then we will use our knowledge and experience to apply the law to your case. We’ll show you your options. Whatever you decide, we promise to aggressively pursue justice for you. On top of that, we will provide you with outstanding customer service. To us, you’re not a number. You’re a human being with a valuable story and inherent rights. Together, we can help you gain the compensation you deserve for your wrongful demotion. You have nothing to lose by calling us today at (866) 891-0578 and sharing your story with us. You can also contact us online. Don’t wait another second. Let’s get underway today.

Mar 16, 2022 | By Aaron D. Wersing | Read Time: 2 minutes | FERS Disability

FERS Disability Retirement and Severance Pay: What to Know

The federal government grants severance pay to employees who separate involuntarily from the federal service. Not all employees can receive severance pay, however. To qualify, an employee first has to meet several prerequisites. You should also know that severance pay plays an important role for those who are in the process of obtaining a federal disability retirement. We cover the basics here, but we recommend that you reach out to a knowledgeable federal employment attorney to learn more. What Is Severance Pay? Just like in the private sector, severance pay is compensation given to employees who are involuntarily separated from federal service. “Involuntary separation” includes several key scenarios, including: Am I Eligible For Severance Pay? You may be eligible for severance pay if you are involuntarily separated from the federal service as defined above. However, you need to meet a couple of additional basic conditions. First, you need a career or career-conditional appointment in the competitive or excepted services. Appointments in the Senior Executive Service and some time-limited appointments also qualify, but presidential and emergency appointments do not. Second, you need to have completed at least 12 months of continuous service in the federal government by the date of separation. Finally, you cannot have accepted another position with the federal government and receive severance pay. How Much Severance Pay Can I Get? Naturally, the amount of severance pay varies from one employee to another. The amount of severance pay that you can receive depends primarily on your years of service in the federal government. You can get one week of severance pay (calculated at your final basic pay rate) for each of your first 10 years of service. Every additional year of service grants you an additional two weeks of severance pay. There is also an age adjustment that boosts the amount of severance pay for employees over 40. For every three months of age beyond age forty, you can add an additional 2.5% to your basic severance pay rate. When calculating your years of service, you can generally include any time you spent in the national guard or the Armed Forces. Former United States Postal Service (USPS) workers can include their time with that agency as well. How Does Severance Pay Affect My FERS Disability Retirement? Many employees applying for federal disability retirement look to severance pay as a way to boost their financial picture when exiting government service. However, under current guidance, you cannot receive severance pay if you are “eligible . . . for an immediate annuity from a Federal retirement system.” This means that if you receive an involuntary separation while applying for federal disability retirement, you’ll likely have to return any severance pay you receive. Have More Questions About Severance Pay? Severance pay is a tricky topic, especially when you have a pending federal disability retirement application. It can be stressful to think about how you’re going to pay for retirement or your next period of unemployment. You shouldn’t have to deal with this issue on your own. Our attorneys at the Law Office of Aaron D. Wersing, PLLC, are totally committed to helping you secure your financial future. Call us at (866) 891-0578 or contact us online to set up your consultation.

Mar 16, 2022 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Discrimination

Origin Discrimination in the Federal Workplace Overview

Most people understand what racial discrimination, sex discrimination, and disability discrimination all look like. Discrimination based on national origin is a little more difficult to define, and it often overlaps with racial discrimination. Yet even if it isn’t well known, many federal employees experience national origin discrimination every day they go into work. Just as with any other problem, the first step to solving an issue is recognizing and defining it. As such, it’s critical that federal employees understand what national origin discrimination looks like. If you think that you or a loved one are experiencing this kind of discrimination, know that the law is on your side. Furthermore, you are entitled to compensation for any such discrimination you experience. To learn more, contact a knowledgeable employment attorney right away. What Is National Origin Discrimination? The Department of Labor’s (DOL) Civil Rights Center provides an excellent definition of discrimination based on country of origin. Specifically, national origin discrimination is any employment discrimination against an employee because of that person’s: Country of origin; Native language; Ancestry; Accent (although English fluency can be required); Ethnic dress or habits; or Actual (or perceived) place of birth. National origin discrimination can also occur if someone is targeted for “looking” or “sounding” like a certain group of foreigners, even if they do not actually belong to that group. Thanks to Title VII, employees cannot fire (or fail to hire) an employee because of their national origin. In fact, employers cannot let an employee’s country of origin affect any decisions related to any term or condition of employment. Terms and conditions of employment include things like an employee’s pay, job assignments, fringe benefits, training, and schedule. If you believe any of these terms and conditions have been impacted because of national origin discrimination, then you have protection under the law. National Origin Harassment Harassment based on national origin is also illegal. The U.S. Equal Employment Opportunity Commission defines “harassment” as unwelcome conduct that is related to a protected characteristic like national origin. Harassment based on national origin can include behaviors like: Demeaning comments about a person’s country of origin; Offensive jokes about a person’s native culture or language; Cultural, ethnic, or national slurs; and National or ethnic stereotypes. However, one offensive joke or comment generally isn’t enough to rise to the level of illegal harassment. Instead, the harassment has to either become a condition of the employee’s job or become severe enough to create an objectively intimidating, hostile, or abusive environment. What Should I Do If I Am Experiencing National Origin Discrimination? In almost all circumstances, you can help yourself by taking several key actions. First, document all incidents of national origin harassment or discrimination. Include details like the time, place, date, and the name of the offender. Second, try to resolve the issue with the offender unless you feel that it is dangerous to do so. In some cases, the offender simply doesn’t understand how they are coming off to others. Other times, they are simply acting ignorantly. Finally, report the behavior to a supervisor. If your supervisor is the cause of the offensive and discriminatory behavior, go to their supervisor. Looking to Defend Your Rights? Let Us Help In a perfect world, national origin discrimination would be unheard of. Unfortunately, we live in a flawed world, which means that discrimination is an all-too-familiar occurrence for many federal employees. However, if you are experiencing discrimination based on your national origin, you don’t have to put up with it. Our attorneys at the Federal Employment Law Office of Aaron D. Wersing, PLLC, are dedicated to holding federal employers accountable. If you’ve been the victim of discrimination, we want to help you seek justice and get your life back together. From the moment you step into our office, we’ll fight to earn you the compensation you deserve. Contact us online or give us a call at (866) 891-0578.

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!

Jan 26, 2022 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Harassment

What Is Cyberbullying Under Federal Law?

Merriam-Webster defines cyberbullying as “the electronic posting of mean-spirited messages about a person” that is “ often done anonymously.” Cyberbullying most commonly occurs on social media platforms like Facebook and Instagram. That said, it can also happen over text, by email, and in online forums and chat rooms. Furthermore, cyberbullying can happen at any time. In fact, it can even happen at work. If you’ve been the target of cyberbullying at work, it is critical that you get legal help. Examples of Common Workplace Cyberbullying Situations Cyberbullying can take many different forms. Here are a few: In each one of these instances, the victim can feel powerless. And it’s not surprising why. Cyberbullying in the workplace is both a serious and novel phenomenon. Unlike traditional bullying, which can take place only in limited situations and times, cyberbullying can occur 24 hours a day, seven days a week. This makes it impossible for the victim to escape the torment. In addition, cyberbullying is generally more public, since threatening or targeting posts can be posted and shared across the internet instantaneously. Even one thoughtless tweet or message can lead to devastating personal and public consequences. Paradoxically, however, cyberbullying can be completely anonymous and hard to track down. Yet the effects of cyberbullying can last for years. Cyberbullying in the Workplace Statistics Because cyberbullying in the workplace can be so difficult to monitor, it’s distressingly common. A 2016 study by the University of Sheffield and Nottingham University revealed that approximately 80% of the participants involved had experienced cyberbullying in the workplace in the six months preceding the study. The effects of cyberbullying in the workplace are serious. Cyberbullying can cause stress, anxiety, and depression. It reduces workplace productivity, and it can also negatively impact workplace culture and increase burnout and turnover. Workplace Cyberbullying: Legality Although there is no federal law that prohibits cyberbullying specifically, cyberbullying often overlaps with illegal conduct. For example, cyberbullying can constitute illegal discrimination or harassment. Cyberbullying can also result in federal stalking charges or defamation charges. Approximately half of the 50 states have adopted some kind of anti-cyberbullying law. If you’re suffering from cyberbullying, it’s important for you to take the following steps: In addition, you should also consider contacting an attorney. We Can Help You Defend Yourself from Workplace Cyberbullies Here at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we are passionate about protecting federal employees. Our practice focuses specifically on federal employment law; we’re familiar with all kinds of federal employment claims, including cyberbullying. If you’re experiencing cyberbullying in the workplace, we can help you understand your legal options and what you can do to protect yourself. We know that hiring an attorney can be a significant financial burden. However, we don’t want money to keep you from contacting us. Don’t let the trauma of cyberbullying continue. Reach out to us today.

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

Understanding EEOC Class Action Complaints

An EEOC class action complaint is a special kind of complaint brought collectively by a group of people against one entity. When most people think of class action complaint, they think of lawsuits against large pharmaceutical corporations, petroleum companies, tobacco producers, vehicle manufacturers, and financial companies. However, federal employees can bring a class action lawsuit against the federal government as well. There are many reasons that injured federal employees might want to start a federal class action complaint, but the most common relates to employment discrimination. Take a moment to learn more about the fundamentals of federal class action lawsuits. Afterward, consider consulting an EEOC class action attorney. The Basics of EEOC Class Action Lawsuits In traditional lawsuits, each party has to represent itself. This means that each plaintiff has to be present in court, hire an attorney, and participate in all aspects of litigation. Few federal employees have the time or money to go through all of this on their own. With class actions, multiple plaintiffs can bring a lawsuit against one defendant as a group. The term for the group of people initiating the class action is, as you might imagine, a class. There are multiple advantages for plaintiffs who decide to sue the federal government as a class. For one, the court can resolve all of the plaintiffs’ claims against the federal government at one time, saving them time. Second, the plaintiffs can share the costs of litigation rather than having to shoulder all of the costs on their own. Third, only a few class members need to actively participate in the federal class action lawsuit. The others simply wait for the lawsuit to resolve. If the suit is successful, all plaintiffs receive a share of the final award. Requirements for Initiating EEOC Class Action Lawsuits Although there are advantages to bringing an EEO complaint as a class action lawsuit, but there are unique requirements as well. To become a class agent, the employee must consult with an EEO counselor within 45 days of the alleged discriminatory incident and request a class certification. A complainant may move for class certification at any reasonable point in the process where it becomes apparent that there are class implications to the claim raised in an individual complaint. If a complainant moves for class certification after completing counseling, no further counseling is required and an EEOC AJ makes a determination on the class certification. Then a formal class complaint must be signed by the class agent and filed within the regular 15-day timeframe, and must state the policy or practice adversely affecting the class as well as the specific action or matter affecting the class agent. In order to be certified as a class complaint, the complaint must meet the requirements of numerosity, commonality, typicality, and adequacy of representation. These requirements can be difficult to establish, and there are often other requirements that a class must demonstrate. Truth be told, class action lawsuits are quite difficult to navigate. Therefore, your best choice is to consider hiring a federal class action lawsuit attorney to represent you effectively. Let Us Represent You in a Federal Class Action Lawsuit If you are considering filing an EEOC class action complaint against your federal agency, then it is essential you find the right attorney. Many attorneys do not have the specialized experience needed to represent you in a class action lawsuit. Others may not have the best client reviews. Here at the Federal Employment Law Firm of Aaron D Wersing, PLLC, we genuinely care about helping our clients defend their rights. We are also passionate that they obtain the compensation that they rightfully deserve. On top of that, we have many years of experience assisting federal employees with all kinds of employment issues. Together, we can work to ensure that your federal class action lawsuit has the best chance of success. Don’t wait. Schedule your consultation with us right away.

Nov 16, 2021 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Discrimination

What Does Discrimination in a Federal Workplace Look Like?

No federal employee should have to deal with discrimination in the workplace. When workplace discrimination occurs at the hands of a supervisor, colleague, or contractor, federal employees can exercise their rights under the law and sue their employer. Yet many employees wonder, What does discrimination in the federal workplace look like? Federal law recognizes two major kinds of discrimination claims: disparate treatment and harassment. In addition, there are a number of personal traits or characteristics that it’s illegal to discriminate against. There are many examples of federal workplace discrimination. Sometimes federal employees experience shockingly overt and blatant discrimination. Other times, the discriminatory treatment is subtle. In this article, we’ll review the major kinds of discrimination claims and protected traits. However, if you think you are experiencing illegal harassment or discrimination in the workplace, you should contact a knowledgeable federal employment attorney right away. Workplace Discrimination Examples Discrimination commonly takes two forms: disparate treatment and harassment. Disparate treatment is when an employee is treated worse than other employees because of a protected characteristic, such as their age, sex, race, or religion. Examples of this kind of workplace discrimination can include any aspect of an employee’s federal employment: The other kind of common workplace discrimination is harassment. Harassment is offensive or unwelcome conduct that you have to endure when working or that is so severe or widespread that it creates a hostile work environment. Examples of this kind of discrimination in the workplace include: These are just a few examples. The truth is that discrimination can take many forms. Keep in mind, however, that petty problems or one mildly offensive joke may not rise to the level of harassment. Characteristics That Are Protected From Illegal Discrimination Several characteristics or “bases” are protected under federal law. To constitute illegal discrimination, an employee must experience disparate treatment or harassment because of one of these characteristics. The characteristics include: The law also prohibits your employer from retaliating against you for filing complaints or speaking up against discrimination. Discrimination that isn’t based on one of these protected traits might be annoying or improper, but it’s probably not illegal. For example, it isn’t illegal for your co-worker to dislike you because you support a different sports team or drink coffee instead of tea. Want to Learn More About Discrimination in the Federal Workplace? We know how damaging and upsetting it is to be the target of discrimination. We also know how isolated employees can feel when they’re experiencing discrimination. If you’re experiencing workplace discrimination, remember that you have rights. Here at the Law Office of Aaron D. Wersing, PLLC, we specialize in defending federal employees from all forms of discrimination. Our firm has many years of experience protecting employees, putting discriminatory federal employers in check, and ensuring our clients receive the compensation they deserve. Together, we can work to ensure that you receive a fair and nondiscriminatory work environment. We can also aggressively fight to obtain just compensation for your losses. 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 (833) 833-3529.

Nov 16, 2021 | By Aaron D. Wersing | Read Time: 6 minutes | Federal EEOC

An EEOC Lawyer Explains the Process of Filing a Federal-Sector EEO Complaint of Discrimination

Discrimination in the federal workplace is an unfortunate reality of employment. Yet discrimination based on personal characteristics like sex, gender, race, color, age, and religion is against the law. Illegal discrimination encompasses actions that affect all aspects of federal employment, including hiring, firing, promotion, compensation, benefits, workplace treatment, and discipline. If you’ve been the victim of unlawful discrimination as the result of management’s actions or inactions, you have the right to file a complaint with your agency’s Equal Employment Opportunity (EEO) office. Read on to learn about the process of filing a charge of discrimination from an EEOC attorney who frequently takes on discrimination cases. Initial Research A good first step as a federal employee filing an EEO complaint of discrimination is to search for “federal employee EEO attorney” or similar online. Select a labor lawyer who is familiar with federal-sector EEO discrimination law and knows how to practice in front of the EEOC. Most employment attorneys do not handle federal-sector EEO complaints. It often makes sense to look for attorneys in your area. However, modern technology and federal employment make it easy to choose attorneys who are based in other states. In fact, there are so few attorneys focusing in this small niche that odds are you would not find one locally. Meeting with an EEOC Attorney Next comes the initial consultation. During this meeting, the EEO attorney will ask questions about your case. The EEO lawyer will also discuss their fees and what you might stand to gain if you are successful in a lawsuit. Settlement is a big topic of conversation as well, to determine what your ideal remedies may be. The Financial Picture The initial consultation should include a discussion of your potential damages. The EEOC awards several forms of damages to successful plaintiffs. One type is called compensatory damages. An EEOC administrative judge awards compensatory damages in an attempt to make a plaintiff who has faced discrimination whole. For example, the EEOC recently awarded $165,000 in compensatory damages to a United States Postal Service (USPS) employee who dealt with illegal discrimination. The USPS was also recently involved in an EEOC-approved settlement with another one of their employees. In especially egregious cases of discrimination, the EEOC may award even higher damages. As you can imagine, these damages serve to dissuade an agency from continuing their discriminatory behavior, and may even lead to the removal or disciplining of responsible management officials (RMOs). What Happens After You File a Charge of Discrimination After you have retained an attorney and contacted your agency’s EEO office, the EEO office will initiate the informal EEO complaint stage to try to resolve the case at the lowest level. If unsuccessful, you can then go on to file a formal complaint with your agency. This formal complaint includes an investigation into the claims in the complaint, and involves the giving of sworn testimony to an investigator. At the end of this formal stage, you will get a Report of Investigation (ROI) and a notice of a right to request an EEOC hearing or Final Agency Decision (FAD). Once you file for a hearing, the case will move out of your agency and into the jurisdiction of the EEOC and an administrative judge (AJ). The AJ will, among other things, set a date for a hearing. Sometimes, your attorney can draft a special pleading which may result in winning your case without even going to a hearing. At other times, your attorney will negotiate a settlement with your employer to resolve the case. If neither of these outcomes occurs, your case will go to a hearing. There, an EEOC administrative judge will hear evidence from you and your employer to decide whether you suffered discrimination. If you are successful at the hearing, the EEOC judge may choose to award you compensatory damages and other relief. Even if you are not successful at your hearing, however, you can petition the EEOC’s Office of Federal Operations (OFO) with a request for appeal. This request for appeal essentially asks a panel of judges to give your case a second review and overturn a negative decision. It is generally filed if you suspect that the judge improperly evaluated the facts of the case or the law. If the OFO appeal is unsuccessful, you may be able to appeal your case further. Do You Need a Lawyer Who Is Familiar with the EEOC and Discrimination Cases? Now that you know more about the process of filing a charge of discrimination, you can begin your search for a qualified federal-sector EEOC attorney. Keep in mind that not all attorneys are the same. Some are experienced and others are fresh out of law school. Even many experienced attorneys may not understand or be very familiar with the EEOC and federal employment discrimination. Consequently, you need to pick a law firm which has practiced many times in front of the EEOC. At the Law Office of Aaron D. Wersing, PLLC., we focus exclusively on representing federal employees and helping them stand up for their rights. We have represented and won countless cases of discrimination for our clients over the years so contact us. You have nothing to lose by reaching out and letting us review your case. Let us fight for you today! FAQs How Do You File an EEOC Complaint? If you are a federal employee, ex-federal employee, or an applicant for federal employment, you can file a federal sector complaint with the EEOC. The first step in this process is to contact an EEO counselor. The counselor will then set up an intake interview where you will discuss your claim with them in more detail. At the very least, you need to have the following information for your claim: It is critical to remember you only have 45 days after the date of discrimination to contact an EEO counselor. If you wait past that time, your complaint will probably be dismissed for being untimely, unless your claim is a continuing...

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.

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