Aug 25, 2021 | By Aaron D. Wersing | Read Time: 4 minutes | Workplace Discrimination

Federal Hostile Work Environment–What to Know

Discrimination in the workplace is illegal under federal law. In some cases, it is clear your employer is discriminating against you. However, that is not always the case. According to the Equal Employment Opportunity Commission (EEOC), discrimination is grossly underreported. In fact, the EEOC reports that three out of four employees who experience harassment on the job don’t do anything about it. While several factors contribute to this, one reason why employees don’t report discrimination is that they aren’t able to identify it. A hostile work environment is when the hostile actions of a fellow employee or manager objectively create an intimidating or threatening work environment. If you believe you are experiencing discrimination at the workplace, reach out to the Law Office of Aaron D. Wersing, PLLC. Attorney Wersing is a federal hostile work environment attorney with extensive experience handling all types of employment discrimination matters. He has successfully represented countless clients in hostile work environment claims, helping them stop illegal discrimination in the workplace. What Makes a Hostile Work Environment? Under federal law, discrimination is illegal when it is based upon an employee’s protected trait. A hostile work environment is a type of harassment, which is included in the definition of discrimination. A hostile work environment claim is based on an employer allowing an intimidating environment to exist for one or more employees. Notably, it does not need to be a supervisor or a manager who creates a hostile work environment for an employer to be found liable. Hostile work environment claims can be filed when discrimination is based on any of the following traits: At its core, a hostile work environment claim addresses the unacceptable situation where an employer allows severe or pervasive discrimination to take place on their watch. This “severe and pervasive” language is key, as minor annoyances or petty insults do not generally rise to the level of a hostile work environment. Typically, a one-time insult will not create a hostile work environment. However, if it is severe enough, it may. More often, hostile work environment claims are based on ongoing patterns of behavior. More specifically, the conduct must be such that a reasonable person would consider the conduct intimidating, hostile, or abusive. For example, the following can all contribute to a hostile work environment: If you believe that your employer has allowed a hostile work environment to persist, reach out to a hostile work environment attorney for assistance. When Is an Employer Liable for Allowing a Hostile Work Environment? Hostile work environment claims come in two forms. The first type is when a manager, supervisor, or executive is the harassing party. In these situations, an employer is automatically liable if the harassment results in any negative employment outcome such as termination, lost wages, or a missed promotion. However, even if an employee does not suffer an adverse employment outcome, the employer will still be liable unless they can prove 1.) they tried to stop the harassing conduct, and 2.) the employee “unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.” The second type of hostile work environment claim involves a fellow employee’s harassing conduct. In these situations, it can be a bit harder to establish employer liability. To do so, you must show that the employer knew about the harassment (or should have known about it) and failed to take “prompt and corrective action.” For this reason, if you believe that you are being subjected to a hostile work environment, it is imperative that you register your concern with your employer. Not only will this allow your employer to remedy the situation, but it will also preserve your ability to file a federal hostile work environment claim against them if they fail to take your concerns seriously. Can an Employer Fire You for Reporting a Hostile Work Environment? Absolutely not. Employers are strictly prohibited from retaliating against an employee who reports any type of workplace discrimination, including a hostile work environment. The strength of your case is not important. The mere fact that you raised the claim (even if it later turns out your employer was not liable) protects you from any retaliation. If an employer retaliates against you for bringing a possible hostile work environment to their attention, you should immediately consult with a lawyer for hostile work environment claims. Contact a Federal Hostile Work Environment Lawyer for Immediate Assistance No one should live in fear of getting up and going to work. If your supervisors or colleagues are discriminating against you, you need hostile work environment attorneys who are ready to stand up for your rights. At the Law Office of Aaron D. Wersing, we proudly represent federal employees in all types of employment law disputes, including those involving hostile work environment claims against their federal employing agency. We have extensive experience bringing cases against all federal agencies across the country, and we are prepared to go up against them to preserve your right to a workplace free of hostility and discrimination. To learn more, speak with our federal hostile work environment attorney today, give us a call. You can also reach us through our online contact form.

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!

Apr 22, 2021 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Disability

How Does Federal Disability Work?

One of the biggest perks of being a federal employee is having access to the government’s comprehensive benefits package. Currently, most federal employees receive benefits under the Federal Employees Retirement System (FERS). Although there are resources explaining FERS and how it works, they aren’t always as helpful as they could be. We frequently get questions from federal employees asking how to balance their medical and financial needs, and many times these employees have never heard of benefits such as disability retirement. If you are wondering how federal disability works, this blog post hopefully demystifies federal disability to help you best understand your options. If you have questions or would like to speak with a federal disability attorney, contact The Law Office of Aaron D. Wersing by using our online form are call us at (833) 833-3529. What Is the Federal Employees Retirement System? FERS stands for Federal Employees Retirement System. This program is the modern disability program offered by the federal government. If you started your service earlier than 1987, your disability benefits will come from the Civil Service Retirement System (CSRS) instead. Most of these provisions for disability retirement are substantially the same under CSRS, so if you are a CSRS employee, you can qualify for disability retirement as well. When Am I Eligible for FERS Disability? Eligibility starts with your length of creditable service with the government. For employees covered under FERS, you must have at least 18 months of creditable federal civilian service to qualify. Note that federal employees covered under CSRS need five years of service to qualify. In addition: Whether your disability prevents you from a useful and efficient service isn’t always obvious. For that reason, many federal employees seek advice from a federal disability lawyer. Does FERS Include Short-Term Disability? No, FERS does not include short-term disability. FERS does not cover disabilities expected to last less than one year. Other than sick leave, annual leave, and your agency’s leave bank (if available), there are no specific benefits for short-term disability. However, in many cases of a short-term disability, the employing agency may be required to provide reasonable accommodation. Reasonable accommodations may include leave, job restructuring, telework, ergonomic equipment, or another option that would allow the employee to perform the duties of his or her position. FERS Disability and Social Security As explained above, eligibility for FERS disability is partially dependent on the employee applying for Social Security benefits. So how does federal disability work when it comes to this requirement? Fortunately, you don’t have to receive approval for Social Security benefits to receive FERS disability; you just have to apply. You can be approved for both SSDI and FERS disability simultaneously. In such a case, you would generally receive your full SSDI benefit while receiving a reduced disability annuity from the Office of Personnel Management (OPM). Unfortunately, keeping track of all the eligibility requirements can be difficult, especially if you’ve never worked with federal disability benefits in the past. We’re here to help you understand the process and make it as stress-free as possible. Applying for FERS Disability As with other government benefits programs, applying for FERS disability starts with completing several forms. Generally, you must complete at least SF 3107 and SF 3112. Additionally, you will need to provide documentation that you applied for Social Security disability, and other supporting documents depending on your responses on the SF 3107 and SF 3112 forms. During this first part of the process, your supervisor will also have to provide some information about your agency, position, and accommodations made available to you (if any). If you are still on agency roles and not separated, or are within 30 days of separation, you must apply through your agency. If you are more than 30 days separated, then you will apply directly to OPM. Once your application is submitted, the Office of Personnel Management (OPM) will review your eligibility before notifying you of its decision. What to Do If You Are Denied FERS Disability Benefits As a federal employee, you have a robust set of rights when it comes to your employment, including denial of benefits. In a case where OPM disallows your application for FERS disability, you have 30 days to file a reconsideration appeal with OPM. Note that on the reconsideration form, you may elect to submit additional information in support of your application. During this appeal, a reconsideration specialist will give your application a second review. If your reconsideration appeal is denied as well, your next option is an appeal to the Merit Systems Protection Board (MSPB). An MSPB administrative judge will review OPM’s decision to determine whether you are eligible for FERS disability. If the administrative judge also denies your benefits, you can appeal to the MSPB board. After that, you will have exhausted your administrative remedies, giving you the right to take your case to the United States Court of Appeals for the Federal Circuit. Losing FERS Disability Benefits Generally, once you’ve been approved for FERS disability, you will keep your benefits as long as you remain disabled. However, OPM may require you to get periodic medical exams to continue receiving benefits. Accordingly, if you recover from your disability, your benefits will stop. There are two other main reasons why you may lose your federal disability: Additionally, remember that your standard non-disability FERS retirement annuity will start when you reach age 62. As a result, your disability benefits will stop at that time, and you will be switched over to regular retirement through OPM. Need a Federal Disability Lawyer? We recognize that understanding how federal disability works isn’t always clear. The Law Office of Aaron D. Wersing is here to help you understand your eligibility and help you successfully obtain the benefits you need. To get started, contact us today online or by phone at (833) 833-3529.

Feb 17, 2021 | By Aaron D. Wersing | Read Time: 5 minutes | MSPB

MSPB Appeal Process and How to Get Started

The Merit Systems Protection Board (MSPB) is the quasi-judicial agency responsible for overseeing the federal merit system. This system establishes rules and procedures related to the hiring, firing, and promotion of federal employees. The MSPB appeal process is an important part of federal employment because it provides a process for employees who have suffered certain kinds of adverse employment action to seek remedies. Below is an overview of the MSPB Appeal Process, as well as a helpful infographic about the process. The Law Office of Aaron D. Wersing focuses on helping federal employees resolve a variety of issues related to their federal employment. If you’ve been fired, suffered from discrimination, retaliation, or otherwise faced workplace issues, we can help you file your claim with the appropriate federal agency. Contact us online or call (833) 833-3529 today. The MSPB Appeal Process In general, the MSPB appeal process is very similar to what you would experience during a lawsuit. Instead of a trial, however, the parties ultimately present their cases during a hearing before an administrative judge. The eight major steps in the process are outlined below. The Employee Files the MSPB Appeal Technically, the first step in the process occurs when a federal agency makes a personnel decision that negatively affects the employee. The MSPB most commonly hears these kinds of cases, which include suspensions of 15 days or more, terminations, and demotions. After such an action is sustained, the federal employee may file a formal appeal with the MSPB. Employees can file appeals online through the MSPB’s e-Appeal Online service. Generally, employees must complete this step within 30 days of the adverse action prompting the appeal. However, there are exceptions, such as adverse actions taken by the Department of Veterans Affairs under § 714, which shorten this deadline. This is just one of many deadlines that will come up during the process. Hiring a federal employment lawyer will ensure that you don’t miss any of these crucial deadlines. Judge Assignment and Acknowledgement Order Within a few days or weeks of the initial filing, the case will be assigned to an administrative law judge (ALJ). The judge issues a document called an Acknowledgement Order. This order creates a timeline for the case and provides certain instructions about what each party must do next. The Agency Responds to Appeal Shortly after the ALJ issues the Acknowledgement Order, the federal agency must provide a file of their case to the judge and the employee. This file contains the agency’s initial response along with other documents relevant to the case. Status Conferences After receiving the agency file, the ALJ schedules one or more status conferences. At these conferences, the parties discuss the issues involved in the case, including any potential settlement or mediation efforts. It is possible that an MSPB case will end here if the parties reach an agreement. If the parties are engaging in settlement talks, the ALJ may order a case suspension. This suspension freezes the proceedings while the parties complete certain tasks. Case suspensions usually last 30 days, and the administrative law judge has the discretion to grant a 30-day extension if necessary. With regard to settlement, the parties may mutually agree to one of the MSPB’s mediation programs, such as the MSPB’s Mediation Appeals Program (MAP). Once both parties upload the signed MAP election forms, the appeal is taken off the docket pending the outcome of settlement negotiations. The Discovery Process Just like in a trial, the parties engage in a discovery period to gather information in support of their case. In addition to documents, audio, or video, the parties may obtain sworn testimony through depositions. Other than the hearing, this may be the most important step in the process because it offers the employee the chance to obtain relevant evidence directly from the federal agency. The Parties Provide Pre-Hearing Submissions and Attend Pre-Hearing Conferences In the MSPB Appeal Process, the hearing is where the parties present their cases before the ALJ. Before the hearing, each party will provide information about the documents and witnesses they plan to use. This information makes up the “pre-hearing submissions.” During the pre-conference hearing, the judge may do several things: During these preliminary hearings, the parties have a chance to provide support for the evidence and witnesses they wish to use. A large part of this step involves challenging and demonstrating a basis for the chosen evidence. The Parties Present Their Cases at a Hearing Usually lasting one to several days, the hearing is very similar to what you’d see in a courtroom. The parties may perform an examination and cross-examination of any witnesses, present exhibits, and other information to support their side of the appeal. At the end, the parties may also provide closing statements, either before the judge or in writing submitted for the record. The Administrative Law Judge Issues a Decision After the hearing, the ALJ will review the evidence in the record and issue a final written decision. This can take anywhere from two to six weeks, or longer, depending on the complexity of the case. What Comes After the MSPB Appeal Process? After the administrative judge issues a final decision, the parties have the opportunity to file another appeal if the decision is adverse to them. This appeal is known as a Petition for Review, and must be filed within 35 days of the date of issuance of the administrative judge’s final order. The three Board members of the MSPB review these petitions and issue a final decision. A petition for review may also be filed online. If the MSPB’s initial or final decision is adverse to the employee, that employee gains the right to file a complaint in the Court of Appeals for the Federal Circuit. This remedy is available only after the employee exhausts their administrative options through the MSPB appeal process. Do I Need an Attorney to File an MSPB Appeal? Yes, you generally should hire an attorney to assist you through the MSPB appeal...

Jan 29, 2021 | By Aaron D. Wersing | Read Time: 5 minutes | Wrongful Termination

Can a Federal Employee Sue The Federal Government?

Federal employees share many similarities with their privately employed counterparts. However, when a privately employed person is injured or wrongfully terminated, they can sue their employer. When the government is your employer, the question often arises: Can a federal employee sue the federal government? The answer is yes, with some caveats. Because the federal government has sovereign immunity, federal employees cannot file lawsuits against it unless the government waives this immunity. Therefore, if a federal employee wants to sue the federal government, they can do so only in limited circumstances. In these limited circumstances, the exact methods for suing the government may not be actual lawsuits, at least at first. Federal employees have to go through certain administrative procedures before they can file a lawsuit in federal court, and thankfully many times a complaint can be resolved during these administrative procedures. Our federal EEOC attorneys will explain what you need to know. What Can a Federal Employee Sue the Federal Government For? Wrongful termination and workplace discrimination are the most common lawsuits employees bring against their employers. Yes, you can sue the federal government for either of these reasons, though the process is different than with a private employer. While private sector employees may bring lawsuits against employers in civil court, federal employees must first file a claim with an independent review body rather than the court system. The initial claim sets in motion the administrative process federal employees must exhaust before they can sue the federal government. Once the employee receives a final decision from the reviewing agency, they may file a lawsuit in federal court. When Can a Federal Employee Sue Their Employer? A federal employee can sue their employer for discrimination, harassment, non-selection, demotion, wrongful termination, and for several other bases. For example, federal employee may have a claim to sue their federal agency if the employee: These are only a few of the common claims a federal employee may have to sue their employer. If you believe you were wrongfully terminated or suffered harassment at your federal workplace, you should contact a federal employment lawyer who can advise you of your rights and possible avenues of recovery. Suing a Federal Employer for Workplace Discrimination There are several laws, enforced by the Equal Employment Opportunity Commission (EEOC) that protect federal employees against workplace discrimination and harassment. These laws include Title VII of the Civil Rights Act of 1964, the Equal Pay Act, and the Age Discrimination in Employment Act, among others. Title VII is perhaps the most expansive, prohibiting discrimination on the basis of race, color, religion, national origin, or sex. Federal employees protected by these laws must go through a different complaint process compared to private sector employees. First, federal employees must speak with the equal employment opportunity counselor at the agency where the employee works. Most employees know this department as their EEO office, although some agencies do use varying acronyms, such as the Office of Resolution Management (ORM) at the Department of Veterans Affairs. Before filing a formal complaint, the employee must participate in either counseling or in alternative dispute resolution (ADR), usually mediation. If the employee can’t reach a resolution, they may then file a formal complaint with their federal agency. Unless the agency dismisses the complaint, they will then investigate the claims of discrimination and issue a Report of Investigation (ROI), along with a notice of right to request a hearing before an administrative judge (AJ) of the EEOC or a final agency decision. After hearing the case, the AJ submits an initial decision to the agency. The agency then issues a final decision indicating whether it agrees with the AJ’s conclusion and will implement the order. After receiving the agency’s final decision, an employee can file a lawsuit in federal civil court. Properly exhausting administrative remedies is necessary for obtaining review by a federal court. Hiring a federal employment lawyer to guide you through the process will ensure that you do not miss any deadlines and that your case is as strong as possible. Suing a Federal Employer for Wrongful Termination Wrongful termination occurs when an employer fires someone for any reason prohibited by the law. Firing an employee based on discrimination or in retaliation for something the employee did are examples of wrongful termination. Wrongful termination can also occur when employees are forced out on trumped up charges or coerced to resign. Filing a Wrongful Termination Claim With the exception of Title 38 VA employees and certain others, wrongful termination claims are usually filed with the Merit Systems Protection Board (MSPB), though employees may file these claims through the EEO process or union grievance as well. Employees may file a claim only with one of these options, generally, the one you elect first; discussing these options with a federal employment attorney will help you determine which is best for your situation. Appealing Wrongful Termination to the MSPB After filing an appeal with the MSPB, the employee engages in the discovery process with the agency, during which time each side gathers information to support their case. Information gathering may take the form of interrogatories, requests for admission, requests for the production of documents, or depositions. An experienced federal employment lawyer will be familiar with this process and can help you gather the right evidence during the discovery process. After discovery, the parties attend a hearing in front of an Administrative Law Judge (ALJ). Each side presents evidence and testimony that supports their case. Keep in mind that during this entire process, your attorney can negotiate with the other side to attempt to reach a settlement. If you and your employer can reach an agreement, it may be possible to avoid a hearing altogether. After the hearing, the ALJ will review the evidence and issue a decision. If you “win” at the hearing, the ALJ may award relief including back pay, reinstatement, and attorney fees. Similar to a claim with the EEOC, if the ALJ’s final decision is not in your favor,...

Dec 18, 2020 | By Aaron D. Wersing | Read Time: 4 minutes | Whistleblower Claims

VA Accountability and Whistleblower Protection Act of 2017: What Potential Whistleblowers Need to Know

For years, the U.S. Department of Veterans Affairs (VA) has faced criticism over its ability to serve veterans effectively. Reports from the VA’s Inspector General dating back to 2006 note problems with malpractice, mismanagement, and corruption. Despite a budget in the hundreds of billions of dollars, some VA facilities continued to provide lackluster care and support for veterans. President Trump signed into law The VA Accountability and Whistleblower Protection Act of 2017 as a way to address some of these issues. Since then, this Act has been used as a “fast track” to disciplinary actions against VA employees, many of them low to mid-level employees. The Act has faced much criticism since its enactment and it has caused many problems, however, one silver lining is the protection it provides to whistleblowers. The Act provides important rights to VA employees who blow the whistle on mismanagement within the VA. What Is the VA Accountability and Whistleblower Protection Act? The VA Accountability and Whistleblower Protection Act is a federal law designed to better regulate the VA. The Act established the Office of Accountability and Whistleblower Protection (OAWP) within the VA to improve its service to veterans. The OAWP’s purpose is to hold VA officials and employees accountable for their actions in running the VA. The OAWP also provides oversight to ensure the proper treatment of whistleblowers who expose poor management or misconduct within the VA. One important change the VA Accountability and Whistleblower Protection Act made was the shortened deadline for appeals to the Merit Systems Protection Board (MSPB), which was reduced from 30 calendar days to 10 business days. What Is a Protected Whistleblower Disclosure? The Act protects both current and prospective employees of the VA when they disclose certain information. There are two main classes of information that qualify for whistleblower protection under the Act: The Act protects whistleblowers by requiring the VA to develop criteria used to evaluate the performance of supervisory employees. The Act requires these criteria to promote the protection of whistleblowers, by improving how reported concerns are addressed and how whistleblowers are treated. In other words, VA employees in supervisory roles must maintain an environment that encourages employees to report misconduct without fear of retaliation or discipline for doing so. The whistleblower protections offered under the Act prohibit prosecution or reprisal against VA whistleblowers if their disclosures are lawful. All disclosures reported to Congress, the VA Inspector General, or another investigatory agency (like the OAWP or EEOC) are lawful. How Do I File for Whistleblower Protection? Whistleblower protection under the VA Accountability and Protection Act applies automatically to employees of the VA who have filed a complaint of whistleblower retaliation to either the Office of Special Counsel (OSC) or OAWP. The OAWP offers an online intake form for fast, anonymous reporting. After affirming your employment status with the VA and the nature of your complaint, you can describe the retaliation or misconduct and submit the complaint. A complaint with the OAWP is not appropriate for allegations involving laws administered by the Equal Employment Opportunity Commission (EEOC), such as claims of discrimination or disparate treatment. A complaint should be filed with the EEOC for allegations of discrimination, harassment, or a hostile work environment and you should get in contact with an EEOC lawyer right away, VA whistleblowers can also file complaints with the U.S. Office of Special Counsel (OSC) if they witness prohibited personnel practices by another federal employee. Federal law prohibits 14 specific kinds of conduct, known as prohibited personnel practices (PPPs), by federal employers. The PPPs range from discrimination and harassment to hiring others based on their relationship to the hirer (i.e. nepotism). A VA whistleblower attorney can help you decide where you should file your complaint based on your situation. Depending on the nature and severity of the misconduct you experience, you may be able to obtain better remedies filing in one office versus another. How Long Do You Have to File a Whistleblower Complaint? In many cases, a whistleblower should file their complaint as soon as possible. This is due to the enactment of protections which can be extremely helpful if initiated early. An effective whistleblower complaint is thorough but direct and contains sufficient, clear evidence to support your claims. Submitting a complaint too soon may result in less evidence at the beginning, but you can continue to provide additional information as the claim develops. A VA whistleblower attorney can help you determine when you should file your complaint and what you should expect during the process. A whistleblower attorney can also provide you with practical advice regarding protecting your identity and what you should do if you face retaliation for coming forward. Contact a Department of Veterans Affairs Whistleblower Attorney Whistleblowers play an important role in holding government agencies accountable. At The Law Office of Aaron D. Wersing, PLLC, we focus on a variety of issues that affect federal employees, including whistleblower complaints. If you’ve witnessed misconduct at the VA or the federal agency where you work, we can help you blow the whistle. Contact us today or give us a call at (833) 833-3529 to schedule your consultation about your case.

Dec 17, 2020 | By Aaron D. Wersing | Read Time: 7 minutes | Wrongful Termination

Everything You Need to Know About Hiring a Federal Employee Attorney

Working for the U.S. government offers a number of benefits that make federal employment a great option. However, federal employees are subject to different rules than private citizens in some cases. As a federal employee, it is important to understand what your rights are and how you can use them to your advantage to protect your job and your wellbeing. Our Federal EEOC lawyers will explain. What Are My Rights as a Federal Employee? Subject to some limited exceptions, federal employees have the same rights in the workplace as any other employee. Broadly speaking, you are entitled to a safe workplace where you can report unsafe conditions or illegal conduct without retaliation. Your individual rights range from protection against discrimination to certain advanced procedures in the case of downsizing of your office. If your employer disciplines or fires you, you have the right to appeal. And depending on where you work and whether you are a bargaining unit employee, you may be able to take advantage of union representation. Federal Employee Civil Rights There are four main federal civil rights laws that cover federal employees: Together, these laws protect federal employees from discrimination and harassment based on a number of protected traits. As a federal employee, you have a right to a safe workplace free of discrimination or harassment based on your race, color, religion, sex, disability, or age. Title VII of the Civil Rights Act protects against both intentionally and unintentionally discriminatory practices. If you have been subject to any office policy or conduct causing even indirect discrimination, you may have a claim under the Civil Rights Act. The Equal Pay Act prohibits the government from engaging in discriminatory payment practices based on your sex. This Act applies to jobs that are “substantially equal,” where the employees perform work of similar skill and responsibility in the same working conditions. Even if two positions are not strictly identical, the Equal Pay Act will protect against pay discrimination between them. In addition, the Act covers all forms of pay, not just salary or hourly wages. Although people are hesitant to share details about their salary or wages, you may have a claim if you suspect that you are being paid less than your coworkers, including fewer bonuses, allowances, or accommodations, based on your sex. Protection Against Age and Disability Discrimination The Age Discrimination In Employment Act and Section 501 of the Rehabilitation Act protect you against discrimination based on your age or status as a person with a physical or mental impairment. The Rehabilitation Act in particular allows federal employees to receive certain rights found in the Americans with Disabilities Act (ADA). Section 501 requires that federal employees not only refrain from discriminating against such persons but that they take proactive steps to recruit them. Workplace Safety Rights for Federal Employees The Occupational Health and Safety Administration (OSHA) oversees workplace safety. As a federal employee, you are entitled to a safe workplace free of known health and safety hazards. You also have the right to report workplace hazards without fear of firing, demotion, or discipline for doing so. Federal Employee Protection Against Prohibited Personnel Practices If you are a regular Title 5 federal employee, you may be able to appeal a disciplinary action or certain personnel decisions to the Merit Systems Protection Board (MSPB). Personnel decisions are those made within an organization that affect employees’ work lives, such as demotions, transfers, suspensions, or discharge. The MSPB is responsible for hearing employee appeals of these actions and others to ensure that federal employees receive due process. If you are a non-probationary employee (i.e. you have been hired for a permanent position and have successfully completed any probationary period), you can file an appeal with the MSPB if you are suspended for more than 14 days, discharged from your position, or demoted. Various other personnel decisions, OPM retirement issues or retaliatory disciplinary actions, are also appealable. The Office of Special Counsel is responsible for investigating and prosecuting the 14 personnel practices prohibited by 5 U.S.C. § 2302(b), most notably whistleblower retaliation. In addition to discrimination, federal law prohibits: If you have experienced any of these adverse actions, a federal employee attorney can help. Whistleblower Protections Federal employees may be in a position to expose fraud or other wrongdoing that occurs within the government. Under the Whistleblower Protection Act And Whistleblower Protection Enhancement Act (WPEA), federal employees have protection against retaliation for their disclosure of certain misconduct, including: Whistleblowers provide an important public service, and the breadth of protection for federal employee whistleblowers demonstrates that importance. In addition to the whistleblower act, many federal agencies are responsible for administering their own whistleblower protection laws. OSHA, for example, administers workplace-safety-related whistleblower protections under Section 11(c) of the Occupational Safety and Health Act. Keep in mind, however, that these agencies may not offer the same confidentiality as broader federal whistleblower laws. What Happens If You Get Fired from a Federal Job? The full consequences of termination from a federal job depend on what kind of federal employee you were and the pay grade you had achieved at the time of discharge. If you believe you were fired from your federal job in circumstances that are illegal or that violate any of the prohibited personnel practices, you should contact a federal employee attorney as soon as possible. A federal employment attorney can review your termination and help you determine whether your termination was lawful. If it was not, your attorney can help you file an appeal. Because the MSPB operates on strict deadlines, hiring an attorney also ensures that all appropriate paperwork is filed on time. Appealing Termination from a Federal Job The appeals process for termination from a federal job is similar to the process in a civil lawsuit. After you file the appeal, there is a discovery period during which you will be able to obtain additional information to support your case through depositions and discovery requests. At the same time, an experienced attorney can...

Dec 8, 2020 | By Aaron D. Wersing | Read Time: 2 minutes | Wrongful Termination

FLRA Decision Reverses VA Removals Under 38 USC 714

In recent years, perhaps no law has had a greater effect on the Department of Veterans Affairs employees as has The Veterans Affairs Accountability and Whistleblower Protection Act, codified in part in 38 USC 714. The Act has provided the Agency a “fast track” to suspend, demote, or remove Title 5 VA employees. Under this authority, not only are deadlines for an employee’s MSPB appeal rights shortened from 30 calendar days to 10 business days, but the burden of proof on the Agency was lessened to a much lower standard, making it even easier for the VA to prove their case. However, on November 16, 2020, the Federal Labor Relations Authority (FLRA) issued a major win for federal employees. This decision will likely require the VA to reinstate, with back pay, thousands of employees who were removed for performance deficiencies under the Act. In its decision, the FLRA upheld an arbiter’s ruling that the Act did not supersede the AFGE Collective Bargaining Agreement (CBA) which requires the VA to institute a performance improvement plan (PIP) to allow an employee an opportunity to improve before having a removal imposed. In this case, the VA argued that the Act superseded the CBA, and therefore Title 5 employees could be removed for performance deficiencies without going through the PIP process. This argument initially appeared valid too, since an act of Congress would in fact trump an agreement between a federal agency and a union. Had the VA’s argument prevailed, it would have marked another blow to the rights of federal employees at the VA by completely abrogating the PIP process in these cases. In its response, and in the opinion of the FLRA, AFGE correctly argued that while the Act lays out new procedures for removal actions under the authority of §714, these procedures only take effect once a disciplinary action is proposed. The PIP process takes place prior to any discipline being proposed and therefore is a completely separate process not covered by the Act. As a result of this decision, it appears that the Department of Veterans Affairs will have to reinstate all employees who were removed under Section 714 for performance deficiencies and who were not placed on a PIP prior to having their removal proposed. This would amount to hundreds, if not thousands, of reinstatements with retroactive back pay. Get Help from a Federal Wrongful Termination Lawyer Today The Law Office of Aaron D. Wersing is an experienced federal employment law firm that assists wrongfully terminated federal employees from across the country. Attorney Aaron D. Wersing understands the new, complex issues you face under §714 and vows to work tirelessly to protect your career. Combining extensive legal knowledge and experience with empathy and commitment allows us to help protect your legal rights and get the justice you deserve If you believe you have been wrongfully terminated under federal employment protections, whether it’s under 38 USC §714, Chapter 75, Chapter 43, or as a probationary employee, contact us or give us a call at (833) 833-3529 for help.

Sep 30, 2020 | By Aaron D. Wersing | Read Time: 4 minutes | Wrongful Termination

Learn How Federal Laws Protect You from Wrongful Termination

Employers have an obligation to treat their employees fairly, in accordance with federal statutes. These federal laws provide a variety of protections that prevent your employer from wrongfully terminating you. Understanding these protections can help ensure that you receive fair treatment from your employer. If you have been wrongfully terminated, you might have a valid legal claim against your former employer. A federal wrongful termination lawyer from the Law Office of Aaron D. Wersing can help you get the justice you deserve. Wrongful Termination & Employment Discrimination A variety of federal laws prohibit an employer from terminating you based on traits and characteristics that include: Race, Age, Sex, Skin color, Religion, National origin, and Disability. You cannot be terminated because you are pregnant or gave birth, or due to any medical condition related to pregnancy or childbirth. You cannot be fired based on any of your genetic traits or ancestry. Your employer cannot fire you based on your marital status, gender identity (including transgender status), or sexual orientation. Employers must also provide reasonable accommodations to their employees based on a disability as well as religious beliefs and practices. Further, federal law protects you from potential retaliation by an employer. For example, your employer cannot terminate you because you complained about being discriminated against, participated in or assisted with a discrimination investigation, or filed a legal claim alleging discriminatory treatment. You might have been subject to a different type of discriminatory termination than those listed here. Talk to an experienced employment attorney to determine whether you have been wrongfully fired by your former employer. Wrongful Termination & FMLA The Family and Medical Leave Act (FMLA) allows you to take an extended (unpaid) leave from your job for specified family and medical reasons, such as if you suffer from an illness or if you need to take care of a sick family member. Both parents are allowed to take unpaid leave for the birth of their child. You may also take leave for specific reasons related to a family member’s military service. FMLA provides flexibility for how you can take your leave, including arranging for an intermittent or reduced work schedule. After you return from your leave, the employer must reinstate you in an equivalent position with equivalent compensation and benefits. FMLA is a complex area of the law. A wrongful termination lawyer can explain your rights and entitlements under FMLA and help you determine if you might have a viable case. Wrongful Termination & Workplace Safety Certain federal laws protect your health and safety in the workplace. Your employer must ensure that your workplace is free from any known safety or health hazards. Employers must provide applicable safety training in a language you can reasonably understand and ensure that any equipment or machinery you work on is safe to operate. Your employer must provide you with appropriate safety equipment and protect you from toxic substances while on the job. Your employer cannot legally terminate you for speaking out about potential safety issues, for filing a report about a workplace injury, or for filing a valid workers’ compensation claim. You are also legally entitled to review the results of workplace testing to identify potential hazards. This right to review workplace testing is now significantly more complex due to the COVID-19 pandemic. Changes to federal laws and to their interpretation are ongoing. If you were terminated due to a workplace safety issue, talk to an attorney as soon as possible to learn more about your legal rights to pursue a claim. Other Potential Wrongful Termination Issues You could be wrongfully terminated for any number of reasons beyond those noted above. Your employer might not be able to legally fire you for actions involving a labor union, for example. You also cannot be terminated for refusing to take a lie detector test in most cases. You likely cannot be fired in most cases for refusing to break the law in the course of your job or for being a whistleblower. The best way to determine the viability of your case is to talk to an experienced employee rights or employment law attorney. How Can a Federal Wrongful Termination Attorney Help You? Consulting an experienced attorney can give you the knowledge and information you need to pursue justice. In many cases, employers wrongfully terminate employees because they simply don’t know the laws or how those laws apply to their business. In other cases, however, an employer might fire you despite knowing that it violates the law. Wrongfully terminated employees may be afraid of what could happen if they pursue a claim or think they can’t afford a lawyer to help them. In most cases, you can consult an attorney at no cost, as most offer complimentary case evaluations. How attorney’s fees work for you will depend on the attorney and the nature of your case. However, if you were wrongfully terminated, you could be entitled to recover your attorneys’ fees, as well as compensation for lost wages and benefits, the difference in the cost of your medical insurance, emotional distress, or other related damages. Get Help from a Federal Wrongful Termination Lawyer Today Attorney Aaron Wersing of the Law Office of Aaron D. Wersing is an experienced employment law attorney who assists wrongfully terminated clients from across the country. At the firm, we understand the complex issues you face and vow to work tirelessly to protect your legal rights. Combining extensive legal knowledge and experience with empathy and commitment allows us to help protect your legal rights and get the justice you deserve. If you believe you have been wrongfully terminated under federal employment protections, contact Aaron Wersing today or give us a call at (833) 833-3529 for help.

Sep 30, 2020 | By Aaron D. Wersing | Read Time: 4 minutes | Workplace Discrimination

Federal Sector Failure to Promote and Gender Discrimination in the Workplace

When you ace an interview for a new position, especially if you are well-qualified, it can be confusing to find out that someone else got the promotion. Especially when you learn that the person who got the job was less qualified and had far less experience. Understandably, you want to know why the hiring manager chose that applicant and didn’t promote you instead. If you can’t get a straight answer, the hiring manager may be hiding something. Was the other applicant a different gender? Employers cannot refuse to promote someone because of their gender. If you suspect gender discrimination in the workplace, it’s imperative to speak with an experienced federal employee lawyer today. What Qualifies As Gender Discrimination in the Workplace? Determining what qualifies as gender discrimination can be difficult, which is why it’s crucial to have an attorney on your side. Gender discrimination against women in the workforce is nothing new, unfortunately. Women employed by the federal government continue to be passed over for promotions in favor of less experienced and less qualified men. This practice continues even though Title VII of the Civil Rights Act prohibits failure to promote due to an applicant’s gender. While gender discrimination is not easy to prove, victims do have legal options. There are legitimate reasons someone may not get promoted that don’t qualify as gender discrimination. Possible legitimate reasons for failure to promote include: A lack of required educational qualification; A lack of experience for the position; A failure to meet the minimum qualifications; An inability to commit to the position’s work schedule; Another applicant was more qualified; Poorer performance during an interview; An unfavorable performance review at their current position; and An inability to perform required job duties, even with reasonable allowances and accommodations for a disability. Even if the explanation you received about why you weren’t promoted includes one or more of these legitimate reasons, you may still have a valid gender discrimination case if the given reason was pretext for discriminatory practices. Examples of Gender Discrimination in the Workplace All types of gender discrimination in the workplace are illegal. An employer cannot treat an employee differently because of their gender. If someone is passed over for a promotion or a job because of their gender, they have likely been the victim of gender discrimination. Other examples of gender discrimination in the workplace include: Unequal pay for men and women doing the same job; Different sets of interview questions depending on gender; A positional bias that sees women in stereotypical positions, i.e., secretary, receptionist, and administrative assistant; Sexual harassment; Different dress code depending on gender; Diminished responsibilities for one gender; Different conversation styles depending on gender; and Different termination protocols between genders. Uncovering gender bias is not always easy. It’s even more challenging to eradicate it from the workplace. However, once you start looking closely, you may spot some of these gender biases in your workplace. Proving a causal connection between the failure to promote an employee and gender discrimination can be complicated, but typically possible to accomplish. That is why you need to retain the right federal employee lawyer to represent you. To successfully prove gender discrimination in the workplace, you must show that your gender was a motivating factor for a hiring manager not having promoted you. Something can be a “motivating factor” even if your agency would have taken the same action without a discriminatory motive. One way to prove a causal connection is to identify patterns of discriminatory conduct. Are significantly more women or men passed over for managerial positions? Are there other signs of discriminatory practices? Listen to conversations between other workers or comments made by supervisors. You may hear something that points to different patterns of discrimination. Be sure to hold onto any company documents, emails, or text messages that point to possible bias. Evidence of bias will be important for building a persuasive discrimination case. Consult a Federal Employee Lawyer Today Filing a claim for gender discrimination in the workplace is not easy. That is one reason why hiring an attorney is so essential. Often, if one type of unlawful discrimination occurs in the workplace, others may be present as well. When you retain the skilled federal employee lawyers at the Law Office of Aaron D. Wersing, we will look for other discrimination patterns in addition to the bias you experienced. Speaking out after experiencing gender discrimination firsthand can be scary. Understandably, you may worry whether anyone will believe you, or about what happens after reporting the incident. Retaliation and termination are two legitimate concerns many federal employees have after reporting any discrimination. If you are terminated or experience retaliation after reporting discrimination, that is also illegal. While exposing gender discrimination can be terrifying, it’s crucial to speak up and protect your rights. With laws in place to protect you from gender discrimination in the workplace, you do not have to allow any employer to discriminate against you, especially the federal government. If you believe you experienced gender discrimination or any other type of discrimination in the workplace, contact the Law Office of Aaron D. Wersing or give us a call today at (833) 833-3529 to schedule an initial consultation. Let us help protect your rights and fight for the equal treatment you deserve.

Blog