Dec 12, 2022 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Retirement

Early Retirement for Federal Employees

Did you know there are actually three types of early retirement for federal employees? Contrary to popular belief, federal employees have a decent amount of flexibility when it comes to early retirement. However, early retirement usually comes at a cost. Depending on your age and situation, the cost of early retirement may be relatively low or high.  Read on to discover the three basic kinds of early retirement and who is eligible for each one. If you have other questions about early retirement or are looking for specific legal advice, don’t hesitate to contact us today. What Options Do Federal Employees Have for Early Retirement? Generally, federal employees have to be 62 to retire from federal service. Federal employees who are younger than 62 have the following retirement options: Let’s look more closely at what these retirement options entail.  Disability Retirement To qualify for disability retirement, you need to have at least 18 months of federal service and have a disabling condition that is expected to last more than a year. You also need to be able to show that you cannot perform your essential duties because of your disability. Finally, your agency needs to certify that it cannot effectively accommodate your disabling medical condition in your current position of record. Assuming you’ve met these qualifications, you have to provide several detailed forms. To learn more about how to pursue disability retirement, contact one of our federal employment attorneys today.  Deferred Retirement Employees who voluntarily leave federal service before their minimum retirement age can pursue deferred retirement. For this option, you need to have at least five years of federal service. In addition, you need to leave your retirement contributions in the federal system when you depart. In return, you can apply for retirement benefits when you hit the minimum retirement age (MRA). While this option guarantees you will receive retirement benefits eventually, you may have to wait decades before you actually begin receiving payments. Involuntary Early Retirement When agencies are undergoing a significant reorganization or laying off a large portion of their workforce, they can offer their employees a special kind of early retirement. This same type of early retirement is possible for employees who are involuntarily separated for certain reasons. Assuming you are in one of these two situations, you can retire at age 50 if you have 20 years of service. Alternatively, if you have more than 25 years of service, you can retire and receive full benefits at any age.  What Is the Minimum Retirement Age in the Federal Government? Your MRA depends on a couple of factors. The first factor is your years of service in the federal government. If you began working with the federal government before 1987, you are probably under the Civil Service Retirement System (CSRS). Under the CSRS, employees with 30 years of service have an MRA of 55. Employees with more than 20 years of service have an MRA of 60, and employees with at least five years of service have an MRA of 62.  Anyone who began their federal career after 1987 will be under the Federal Employee Retirement System (FERS). The MRA for FERS employees depends on your year of birth. Employees born before 1948 have an MRA of 55. Employees born after 1970 have an MRA of 57, and employees born between 1948 and 1970 will have an MRA between 55 and 2 months to 56 and 10 months. Even after you hit your MRA, you may not receive all your retirement benefits. If you retire at your MRA with fewer than 30 years of federal service, your retirement benefits will be cut by 5% for every year that you are under 62. That means if you retire at 60, you will receive only 90% of your retirement benefits. And if you retire at 50, you will only receive 40% of your retirement benefits.  If You’re a Federal Employee Pursuing Early Retirement, We Can Help. Whether you’re pursuing disability retirement or deferred retirement, it can be difficult to obtain the early retirement benefits you deserve. For the best outcome, you should seek the assistance of qualified legal counsel. An experienced federal employment attorney can help you understand your retirement options and prepare your retirement application.  Here at the Law Office of Aaron D. Wersing, PLLC, we’re passionate about serving dedicated civil servants. We strive to help all our clients reach their retirement goals, regardless of their age or years of service. Over the years, we’ve helped many federal employees obtain early retirement and disability retirement. In addition, we have helped hold federal agencies accountable when they fail to meet their legal duties.  Worried about the cost of hiring an attorney? Don’t be. The last thing we want is money concerns to come between you and the retirement you deserve. Schedule your consultation today by calling us at 1-866-612-5956 or getting in touch with us online. 

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Dec 9, 2022 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

How Long Does FERS Disability Retirement Last?

If you are currently on the Federal Employee Retirement System (FERS) disability retirement, you probably have a mix of relief and concern. You might be relieved because of the assistance that payments provide for your life. But you might be concerned because you are unsure how long your retirement will last. In general, many employees on FERS disability retirement can expect their retirement to last until age 62. However, there is no simple answer to the question of how long it will last. It depends on your age, health, situation, and disciplinary history. We’ll cover some of the basics here so that you have a general idea of what to expect. But if you have more questions about how the law applies to your specific case, contact an outstanding federal employment attorney today.  How Long Will My FERS Disability Retirement Last? Most federal employees are eligible to remain on FERS disability retirement from the date they receive approval until the day they turn 62. At that point, your retirement will convert automatically from disability to typical federal retirement. That said, you are subject to occasional “check-ups” while on FERS disability. What Factors Can Affect Whether I Continue to Receive FERS Disability Retirement? Age is the biggest factor when it comes to your benefits. As we mentioned before, when you turn 62, you will no longer receive disability retirement. Another factor that comes into play is your health. While many federal employees have disabling conditions that are also permanent, other employees can recover over time. If you recover sufficiently from your condition, you may lose out on your benefits after undoing a periodic review. A third variable that affects your retirement is your current earnings. According to federal law, you can receive retirement benefits only if you have a physical or mental condition that prevents you from achieving your “earning capacity.” However, if you subsequently receive wages (either from another employer or from self-employment) that equates to more than 80% of the pay you received as a federal employee, you will be deemed as having achieved your earning capacity. That means your benefits will stop.  Finally, your participation in other benefit programs can affect your benefits. For instance, if you decide to receive benefits from the Office of Workers’ Compensation Programs (OWCP), then you can no longer continue to collect retirement payments.  Understanding Periodic Reviews by the Office of Personnel Management (OPM) After you begin your FERS disability retirement, you can expect to receive periodic reviews from OPM. For some, these reviews will come once or twice a year. Other employees on benefits may receive reviews more or less often. In any event, these reviews are critical for your continued benefits.  During these reviews, OPM will send the retiree a short form to fill out. The form will inquire about the former employee’s current work activities. It will also request updated medical records for OPM to review. Having the right attorney on your side during this process can make all the difference for your disability retirement.  For many retirees with permanent conditions, their updated medical records will support a finding that will allow them to remain on benefits. But depending on your medical status and the answers to the OPM review form, the agency may decide that you are healthy enough to work and terminate future payments. This kind of sudden monetary change can turn your life upside down. The Consequences of Losing FERS Disability Retirement Losing your FERS benefits has many consequences. As any FERS retiree can tell you, one of the major benefits of FERS disability retirement is the free health and life insurance coverage that comes with it. You may also lose your health and life insurance if you lose your retirement benefits.  Other Benefits of Remaining on FERS Disability Retirement It’s also worth mentioning that while you are on FERS disability retirement, you will still accrue creditable service years. This will benefit you when your federal retirement kicks in at age 62. The calculation for your federal retirement is one percent of your highest salary over a three-year period multiplied by your years of creditable service. For instance, if your highest average salary over a three-year period was $100,000 and you have only 10 years of service, your retirement will be $10,000. But if you served 18 years in the government, your annual retirement benefit would equal $18,000. This means that it should be your top priority to maintain your disability retirement as long as you have a disabling medical condition.  What Should I Do If I Lose My Disability Retirement? Not all is lost if OPM has decided that you have recovered from your condition and withdrawn your benefits. If your disability recurs and you do not earn more than 80% of your former salary, you may be able to have your benefits reinstated. Want to Learn More About Protecting Your FERS Disability Retirement? Losing your benefits can be absolutely devastating. Therefore, if you are worried that OPM may decide to terminate your disability retirement, you need to consult a federal employment attorney right away. The Federal Employment Law Firm of Aaron D. Wersing is dedicated to helping you exercise your legal rights. Contact us today by calling 833-833-3529. You can also reach out to us online. 

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Dec 7, 2022 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

Are Federal Employees At-Will Employees?

Are federal employees at-will employees? The simple answer to this question is “no.” Every federal employee receives due process rights and may be fired only for cause. However, there are periodic efforts within Congress to make all federal employees at-will employees, so it’s worth discussing the concept of at-will employment. We’ll also review the basics of federal employment and the rights that virtually all federal employees have.  If you are a federal employee or are applying for a federal position, contact us to learn more about federal employment. We can help answer any questions about your rights as a federal employee.  What Are At-Will Employees? According to the National Conference of State Legislatures, at-will employment “means that an employer can terminate an employee ‌for any reason, except an illegal one, or for no reason without incurring legal liability.” Employers cannot fire at-will employees for discriminatory reasons, like the employee’s race, sex, or religion. However, the employer can use just about any other reason to fire the employee. Technically, the employer need not have any reason at all for firing an at-will employee.  Understanding the Basic Rights of Federal Employment Fortunately, federal employees have extensive protections against arbitrary terminations. The vast majority of federal workers have a right to due process. Specifically, federal employees have to receive the following rights when they face discipline: Employees receive more rights if their employer proposes a suspension greater than 14 days, a demotion, or a removal. In those situations, federal employees need to have at least 30 days advance notice and the right to appeal the decision. Employees may appeal major disciplinary actions to the Merit Systems Protection Board, a federal agency designed to “promote an effective Federal workforce.” An MSPB appeal guarantees the employee the opportunity to argue their case before a federal administrative judge. Employees may also present favorable evidence, call supporting witnesses, and cross-examine agency witnesses. Why Are Federal Employees Not At-Will? The answer to this lies in the history of our country. The founding fathers understood it was vital to have an independent federal workforce. Otherwise, federal employees could be hired and fired for purely political reasons. There were several times in American history when civil servants were hired and fired for their political views. In the late 1800s, ordinary citizens frequently expected to get federal jobs by working for a presidential candidate.  The problems of this “spoils system” soon became obvious. In 1881, President Garfield was killed by a disgruntled supporter named Charles Guiteau. Guiteau had demanded a job at the American embassy in Paris for making a speech for President Garfield during his campaign for president. When he failed to receive a position, he decided to take matters into his own hands. The shocking assassination prompted Garfield’s successor to sign the Civil Service Reform Act (CSRA) of 1883. The CSRA helped create an independent civil service by requiring federal agencies to fire employees only for cause.  How Can Federal Employees Be Fired?  Unlike at-will employees, a federal agency may fire a federal employee only for certain reasons. Common reasons for termination include: These are only a few examples. However, agencies can fire federal employees for only specific kinds of misconduct or poor performance. Arbitrary reasons, even if they are not discriminatory, do not suffice.  We Can Help Answer Your Federal Employment Questions Now that you understand the basics of federal employment, you might have other questions about working for the federal government. Whatever your question or concern, we are happy to answer it. In addition, we can represent you if your rights as a federal employee are under attack by your agency. Today, it is easier than ever to find a federal employment attorney. However, it’s critical to pick the right attorney. To protect your federal employment rights, you need a federal employment attorney with many years of experience and a track record of success.  Here at the Law Office of Aaron D. Wersing, PLLC, our federal employment attorneys have several decades of collective experience representing federal employees. We’ve helped our clients with every aspect of federal employment, including MSPB hearings, disability retirement, and whistleblower retaliation. Whatever federal employment legal needs you have, we can help you solve them. To move forward, simply contact us today at 1-866-612-5956. You can also contact us online.

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Dec 7, 2022 | By Aaron D. Wersing | Read Time: 5 minutes | Federal Employment Law

Examples of Hostile Work Environment

Working for the federal government can be demanding and challenging, but it should not be discriminatory or hostile. If you are a federal employee who is suffering in a hostile work environment, take comfort in knowing that you have several legal protections against workplace misconduct. You can also have a strong and effective advocate from the Federal Employment Law Firm of Aaron D. Wersing. Our experienced federal employment attorneys are dedicated to helping federal employees navigate the complex legal systems that grant compensation and relief for workplace disputes.  What Is a Hostile Work Environment?  Not every uncomfortable workplace is illegally hostile. An unlawfully hostile work environment is the result of workplace discrimination defined by Title VII of the Civil Rights Act of 1964 (Title VII). To hold your employer liable for fostering or condoning a hostile work environment, you must clear several legal hurdles. These hurdles include proving the presence of unwanted behavior that is discriminatory and severe or pervasive. A Hostile Work Environment Is Unwelcome The crux of maintaining a successful hostile work environment case is proving that the harassing behavior you endured was unwanted. When you are confronted with harassment, you should immediately tell your harasser to stop or complain to a supervisor or human resources about the conduct.   A Hostile Work Environment Is Discriminatory You must prove that whatever hostile behavior you endured was discrimination that targeted a protected characteristic. The Title VII protected characteristics are:  Among the many forms of discrimination, sexual harassment is a topic of concern that comes up often in this country, and it is a broader form of misconduct than the media portrays. Please remember that sexual harassment does not have to be motivated by sexual desire to be illegal. Sexual harassment just has to be based on someone’s sex or gender.  A Hostile Work Environment Consists of Extreme or Persistent Actions What kinds of actions create hostile workplaces? The possibilities are endless. Someone in your workplace can commit this type of harassment through: A coworker, supervisor, or nonemployee in your office might make a passing joke or statement about someone’s protected characteristic, but not every incident like this rises to the level of unlawful discrimination. To claim that harassment at your job created a hostile environment, you must prove that the harassment was extreme or pervasive enough that a reasonable person would call your workplace abusive.  Extreme discriminatory actions If there was only one instance of discriminatory harassment in your workplace, you must show the legal authorities that the one instance was extreme enough to be abusive on its own. Examples of this type of extreme behavior can include touching without permission and the use of offensive slurs.  Pervasive discrimination If a single occurrence of discrimination isn’t extreme, you need to show the authorities that there was a pattern of discrimination in your workplace. That pattern might be daily jokes about race or sex or the exclusion of members from one protected class whenever there is a social work function.  The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title VII, and it looks at the entire record when concluding whether harassment created a hostile environment. When you sense harassment, collect as much evidence as you can, and your attorney can show the courts and authorities why the behavior at your workplace was unlawful.  What Is an Example of a Hostile Work Environment?  We know it can be difficult to speak out against mistreatment in your workplace. But sometimes, taking a stand is easier when you have examples of a hostile work environment to remind you of what you don’t have to endure. Let’s take a look at the two scenarios below.  Example Number One Pervasive harassment that creates hostility can come from insults or perceived “compliments” about someone’s protected characteristics. For instance, imagine you are a member of a racial group that is stereotyped as being gifted in math. Balancing the budget is one of your many job functions, as well as data analysis and copy editing. During several work meetings, coworkers who have the same job as you joke that they should just give you all the budget work because “your people are good at that.” Your coworkers also consistently forward you work assignment emails regarding their budget projects and include joking messages that say, “I know you want to handle this—you have the genes for it.”  Even if your coworkers think they are somehow attributing good qualities to you, this type of behavior can quickly make an individual feel targeted and unsafe in their work environment. If someone constantly makes comments (bad or “good”) about characteristics they associate with one of your protected characteristics, they are likely creating a hostile work environment.  Example Number Two Workplace hostility can also come from non-verbal conduct. Activities like making offensive gestures, regularly entering a coworker’s personal space, following a coworker around, or touching a coworker without permission can be forms of unlawful harassment.  If, for example, you repeatedly have to tell a colleague not to stand only an inch behind you and other employees of the same sex while you are making copies, you could have a right to file a sexual harassment claim. Your claim could be valid regardless of whether your harasser was of the opposite sex or motivated by desire.  There are myriad ways your workplace can become hostile. If there is any hint of discrimination in your office or at your worksite, speak to an attorney immediately about how to respond.  Employer Liability Employers are liable for hostile working environments when the following conditions are present:  Do all that you reasonably can to follow your employer’s harassment complaint procedures and submit a written harassment report to your employer. If your employer’s point of contact for your complaint is your harasser, submit a written complaint to a trusted supervisor or human resources. And if the circumstances of the harassment make filing a complaint with management futile, speak to an attorney as soon as possible about your options.  Taking Legal...

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Dec 5, 2022 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Does FMLA Apply to Federal Employees?

The Family and Medical Leave Act (FMLA) is a landmark piece of legislation that gives employees with serious health conditions a sizable amount of leave to take care of themselves. Employees can also receive leave to care for a family member with a medical condition. It is an important right for American workers, but few people have heard about FMLA. In fact, one common question we receive is whether federal employees can take advantage of FMLA. Simply put, the answer is yes. According to the Department of Labor (DOL), FMLA applies to all public agencies, including local, State, and Federal employers.  Read on to learn more about how FMLA works for federal employees. We will run over FMLA’s basic history and take a look at its key provisions. If you have more questions about FMLA for federal employees, call or contact us online.  A Brief Overview of FMLA FMLA gives employees up to twelve weeks of leave to deal with a serious health condition or to care for a family member with a serious health condition. While the leave is unpaid, FMLA guarantees that the employee can keep their job. To receive FMLA leave, an employee must complete a preliminary application form and attach supporting medical evidence.  Although 12 weeks is the maximum amount of leave an employee can receive, not all applications receive that amount. To receive a full 12 weeks of leave, three requirements need to be met. First, you must not have taken any FMLA leave within the past year. Second, you must currently be working a full-time position (40 hours or more per week). Third, you need to have worked at least 1,250 hours at your employer over the previous 12 months. Finally, your request for 12 weeks of leave must be supported by medical documentation. In addition to caring for themselves or a family member with a serious health condition, federal employees may also use FMLA:  In these situations, the FMLA leave must conclude within 12 months of the birth or placement of the child.  What Qualifies As a Serious Health Condition? Many different situations can constitute a “serious health condition.” Examples include any medical conditions that: Pregnancy and organ donation can also be grounds for applying for FMLA leave. So can mental disorders, provided they meet the criteria mentioned above.  FMLA to Care for Covered Service Members FMLA has an additional provision for individuals who need to care for loved ones who are service members with a serious injury or illness. If a federal employee’s FMLA request meets this requirement, they can receive up to 26 weeks of leave during a 12-month period rather than 12 weeks. However, the leave will still be unpaid.  Using FMLA Leave and FMLA Leave Protections Employees can use FMLA leave in a variety of ways. FMLA leave can be used in one 12-week block, in several smaller weekly blocks, or sporadically throughout the year. In some situations, employees can operate on a reduced leave schedule, which means they use their FMLA leave to work slightly fewer hours over a longer period of time. While an employee is on FMLA leave, their job is protected. An employer cannot retaliate against the employee for using FMLA. Nor can the employer terminate or downgrade the employee. The law requires employers to return the employee to the same job or one that is nearly identical to the prior job. To qualify as a “nearly identical” job, the new job must: The “nearly identical” job must also offer identical employee benefits, such as health insurance, disability insurance, vacation time, sick leave, and retirement benefits.  If You Want to Know Whether FMLA Is an Option for You, Give Us a Call Today Now that you know that FMLA is an option for federal employees, you might be wondering whether your personal situation qualifies you for FMLA leave. If that’s the case, don’t leave your future to guesswork. Get legal representation right away by contacting an experienced federal employment lawyer. At the Federal Employment Law Firm of Aaron D. Wersing, we are not generalists who also happen to take on federal employment cases. Instead, our entire practice is concentrated on helping civil servants with all kinds of federal employment issues. We have experience with all kinds of situations. We can give you the advice you need and help you assess your legal options. At every step of the way, you can expect wonderful customer service, making the legal process as painless as possible.  Don’t leave your future up to chance. Call us today or contact us online.

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Sep 14, 2022 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Are Title 38 Veterans Affairs Employees Considered Federal Employees?

The Department of Veterans Affairs (VA) is an agency of the federal government. This means that all veterans affairs employees are, strictly speaking, employees of the federal government.  However, unlike employees in other departments, such as the Department of Defense or the Department of Energy, many VA employees fall under two unique personnel systems that distinguish them from other federal employees. These systems are referred to as “Title 38” and “Hybrid Title 38.” VA employees under these federal code titles lack most of the benefits and privileges that most other federal employees enjoy but do have other rights unique to them. These differences can have a tremendous impact on your work schedule, pay, leave amount, and appeal rights.  Are VA Employees Federal Employees? Yes and no. VA employees are federal employees in the sense that they work for the federal government. VA is the federal government’s second-largest department after the Department of Defense. It employs nearly 371,000 healthcare professionals and support staff at VA medical facilities nationwide. VA administers benefits programs for Veterans, their families, and survivors. Virtually all employees of the federal government are covered by Title 5 of the United States Code, as are many VA employees. Title 5 defines all the distinctive benefits of federal employment, including the General Schedule (GS) and Executive Schedule (ES) pay scales, working conditions, and holidays. Although some VA employees, generally those in medical positions, work for a federal agency, many of them do not work in Title 5 positions. Instead, the VA has its own unique hiring system for medical professionals called Title 38. To give you a better sense of how this applies, it makes sense to run over the differences between Title 38 and Title 5. Title 38 vs. Title 5: Similarities and Differences  Under Title 38, all employees must serve a two-year probationary period. Title 5 employees, on the other hand, need to serve only a one-year probationary period at the VA. Title 38 employees also possess a distinctive pay schedule compared to Title 5 employees. Unlike Title 5 employees, different Title 38 professions receive different pay ranges. The basic pay of some Title 38 employees (like nurses and chiropractors) is roughly comparable to their GS colleagues. But Title 38 physicians and dentists can earn far more than their Title 5 peers. For instance, a VA staff physician can earn up to $243,000, whereas Title 5 employees can earn no more than 176,300 under 2022 pay limits. That fact aside, both Title 38 and Title 5 receive locality pay to compensate them for the different standards of living that exist across the country.  One significant difference between Title 38 and Title 5 employees is their respective work schedules. Almost all Title 5 employees work a normal 40-hour workweek. And like private sector counterparts, Title 5 employees work between roughly 9 AM to 5 PM Monday through Friday. But many Title 38 employees— like dentists, physicians, optometrists, and chiropractors—need to be available 24/7. Both Title 38 and Title 5 positions can be full-time, part-time, intermittent, and temporary. Finally, Title 38 employees generally do not have the right to appeal an adverse employment action to the Merit Systems Protection Board (MSPB) like Title 5 employees. They do, however, have appeal rights through a hearing before the Disciplinary Appeals Board (DAB).  Do All VA Positions Under Title 38? Not at all. Title 38 primarily applies to professional medical positions in the VA, including registered nurses (RNs), physician assistants (PAs), and optometrists. To receive an appointment, Title 38 applicants must first have their qualifications reviewed by their peers via a Professional Standards Board (PSB). Assuming the PSB finds the applicant has the necessary qualifications for the role, a designated management official approves the appointment.  On the other hand, Title 5 covers almost all VA employees in nonmedical occupations. These Examples include program analysts, human resources specialists, police officers, and attorneys.  Hybrid Title 38 Employees To make things even more complicated, some VA employees fall under Title 38 for some purposes and under Title 5 for other aspects of employment. The VA refers to these employees as “Hybrid Title 38” employees. Hybrid Title 38 occupations include: Hybrid Title 38 employees fall under Title 38 for matters like appointment, promotion, and some pay matters. Yet they are categorized under Title 5 when it comes to things like performance appraisals, leave, work schedule, and retirement benefits. And like Title 5 employees, hybrid employees serve one-year probationary periods. If you want to learn more about hybrid employees, it’s best to contact a qualified federal employment or veterans affairs attorney.  Who Do Department of Veteran Affairs Employees Report to? Whether they fall under Title 5 or Title 38, VA employees report to their designated supervisors. But as mentioned before, employees who are Title 5 can expect to see more involvement from their peers when they join the VA or apply for a promotion.   Do You Want to Know More About Your Rights as a Title 5 or Title 38 Veterans Affairs Employee? Give Us a Call Today.  Regardless of whether you are a Title 5, Title 38 or Hybrid Title 38 employee, you have rights. And those rights deserve to be defended. If you think your agency has violated your rights, you need to contact an experienced attorney right away. However, it is vital you search for an attorney that specializes in federal employment and VA matters. You should also look for an attorney with a track record of success and positive client reviews.  Our capable federal employment attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC have all those qualities. We have decades of collective experience representing federal employees and defending their rights. Regardless of your situation, personnel system, or occupation, we believe that you deserve outstanding legal representation. Our firm has obtained amazing results for our clients, and they are more than happy to discuss the differences we’ve made in their lives. Don’t wait another moment. Pick up the phone today and...

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Sep 12, 2022 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

What Is the Veterans Employment Opportunities Act of 1998

Congress passed the Veterans Employment Opportunities Act (VEOA) in 1998 to reward veterans for their service in the armed forces. Specifically, VEOA grants veterans a hiring preference, making it easier for them to get jobs in the civilian service. It provides certain retention benefits as well. VEOA also gives veterans who are federal employees or applicants for federal positions the right to challenge a violation of their rights. VEOA applies to virtually all agencies and positions within the federal government, but most people know little about it. If you are a veteran currently working for the federal government or applying for a federal position, understanding veterans’ preference and your legal rights as a veteran is vital.   VEOA: Understanding the Basics To understand veterans’ preference under VEOA, it is best to review how government hiring works. There are several services within the federal government: the Competitive Service (CS), the Excepted Service (ES), and the Senior Executive Service (SES). Each service has its own process for reviewing and appointing employment candidates. The CS includes most civil service positions in the executive branch of the federal government. For CS positions, individuals must undergo a multi-layered competitive examination process. Generally, the CS hiring process includes a written test, an evaluation of the individual’s education and experience, and an interview. The ES refers to several positions that do not use the same competitive process as CS positions. Examples include government attorneys and certain other professional roles. Finally, there is the SES, which encompasses high-ranking members of government who typically serve in leadership roles.  VEOA gives veterans’ preference for all CS and ES positions, as well as most SES positions. Veterans’ preference is expressed as a 0 to 10 point addition to any passing examination score or employment rating. Veterans’ preference does not apply to promotions, reassignments, or transfers. Many people often confuse the VEOA with the Veterans Recruitment Appointment (VRA), but the two have significant differences.  Who Qualifies for Veterans’ Preference Under VEOA? Any person with an honorable discharge or general discharge from one of the branches of the armed forces can receive veterans’ preference. Covered branches include the Army, Navy, Space Force, Air Force Force, Marine Corp, and Coast Guard. In most cases, a person must have served at least 24 months before they are eligible to receive veterans’ preference.  Most retirees below the rank of O-4 (Major/Lieutenant Commander) can receive veterans’ preference. Those who retired at the rank of O-4 or higher do not receive preference unless they have a disability. Although veterans’ preference was originally aimed at those who had served in an active war, it now applies to potentially anyone who served in the armed forces. The Point System Under VEOA There are three levels of veterans’ preference under VEOA: zero-point, five-point, and ten-point. The zero-point preference is reserved for someone who receives a “sole survivorship discharge.” A sole survivorship discharge is when a military member asks to leave the military because they are the only surviving child of their family.  Any non-disabled veteran who served honorably can receive a five-point preference. The highest level of veterans’ preference applies to any veteran (or family member) who has a service-connected disability or a purple heart.  VEOA vs. VRA It is easy to confuse VEOA with VRA, but the two operate in different ways. The VEOA grants veterans a small preference in hiring matters. By contrast, the VRA is a special hiring authority that grants agencies the ability to appoint veterans without any kind of competitive process. In other words, the applicant can get the job without needing to take any test or attend any interview.  Just like the VEOA, there are a few requirements a person must meet to be eligible for a VRA position. First, the candidate must meet all basic qualification requirements for the position. Second, the candidate must be: Unlike the VEOA, there is no service requirement. And the VRA applies only to some ES positions. It does not apply to CS or SES positions. Lastly, the VRA position must be at the GS-11 level or lower.  Want to Learn More About Veterans’ Preference? Contact a Skilled Federal Employment Attorney Today It’s only fair to recognize veterans for their sacrifice and service to the country. Yet understanding how the VRA and VEOA apply to federal positions is complicated. While you may understand the basics of VRA and VEOA, it is more difficult to evaluate whether your employment application was treated fairly. Hiring managers can easily misapply veterans’ preference or even consciously ignore it. When that happens, you have rights under the law.  Here at the Federal Employment Law Office of Aaron D. Wersing, PLLC, our team is passionate about defending the rights of veterans. We want all veterans to have a fair chance at federal employment, and we have years of experience protecting veterans in multiple legal forums. On top of that, we have a proven track record of success and a stellar reputation amongst our clients.  Even if you aren’t sure you have a case, contact us. Don’t miss your opportunity to get your federal dream job. Give us a call at 866-612-5956 or get in touch with us online. 

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Sep 9, 2022 | By Aaron D. Wersing | Read Time: 4 minutes | Whistleblower Claims

What Does the U.S. Office of Special Counsel Do?

The U.S. Office of Special Counsel (OSC) is a federal agency that focuses on helping whistleblowers. The OSC primarily investigates claims of whistleblower retaliation and, if necessary, takes action against bad actors. Thus, the OSC plays a critical role in protecting whistleblowers and encouraging them to report bad actors. Read on to learn more about the OSC’s methods and how to file a complaint. If you are considering filing an OSC complaint, you should contact a qualified employment law attorney first.  What Exactly Does the OSC Do? The OSC is an independent federal agency that looks into claims of government wrongdoing. It also accepts complaints from whistleblowers, protects them from retaliation, and holds bad actors accountable across the government. The OSC also investigates claims of prohibited personnel practices. This category includes things like illegal discrimination, nepotism, and forcing employees to engage in political activity. Because of its unique mission, the OSC can force federal employees and agencies to cooperate in an investigation. It can also force federal employees to testify in court and reveal important and relevant documents. A nd unlike many other federal agencies that investigate claims, the OSC protects whistleblower’s personal information.  What Kinds of Wrongdoing Does the OSC Review? When it comes to claims of wrongdoing, there are six major kinds of whistleblower disclosures that the OSC reviews: Gross mismanagement—This phrase does not include a minor mistake by your manager once in a while. Gross mismanagement exists if there is a constant pattern of arbitrary action, fraud, or abuse by your manager that has a notable economic impact.  Gross waste of funds—Like gross mismanagement, this phrase refers to significant expenses that make no sense. An expense that reasonable people might disagree about generally will not make the cut.  Violation of a law, rule, or regulation—This category is mostly self-explanatory. It does not matter whether the wrongdoer acted intentionally or not.  Censorship—OSC specifically focuses on censorship claims that have to do with scientific, technical, or analytical information. One example might be a government scientist who disputes an agency’s decision to classify environmental research about a terrible ecological threat to humanity.  Substantial and specific dangers to public health or safety—In any free country, the public has a right to know about significant dangers. So the OSC protects whistleblowers who reveal these dangers as long as the dangers are not vague or insignificant. Abuse of authority—As with gross mismanagement and gross waste of funds, there needs to be a significant degree of abuse. This may mean there is a regular pattern of abuse, or a single instance that was completely out of line.  When in doubt, it is better to come forward with a claim of wrongdoing rather than ignore it. If you are debating whether to report wrongdoing, contact a federal whistleblower attorney for guidance first.  What is a Prohibited Personnel Practice? Federal law defines 14 prohibited personnel practices (PPPs). These include the following: Asking for or considering recommendations for employment for reasons other than a person’s qualifications for the job; Deceiving or preventing someone from competing for federal employment; Coercing someone to engage in political activity, like donating to a campaign fund; Retaliating against someone for filing a complaint or exercising their rights; Retaliating against someone for reporting wrongdoing; Discriminating against someone because of conduct unrelated to their job; Taking a personnel action against a federal employee for improper or illegal reasons; Taking a personnel action that would violate a U.S. veteran’s preference; Carrying out a nondisclosure agreement or policy that does not give rights to whistleblowers; Illegal discrimination, including race, sex, gender, age, color, and national origin discrimination; Nepotism, which means hiring a person because of their family relationships rather than their qualifications for the job; Influencing someone to withdraw from competing for a government position; Giving unauthorized preference to a person for employment, either to improperly help them or improperly injure the chances of another person; and Accessing a person’s medical record, especially if doing so to further another PPP. As you can see, some of these categories are very broad. Thankfully, a qualified attorney will be able to help you determine whether your situation falls within one of these categories. How Do I File a Disclosure of Wrongdoing to the OSC? The OSC used to offer three different complaint forms online. Depending on the type of claim you were filing, you had to use a different complaint form. More recently, the OSC introduced a new form for all complaints called OSC Form-14.  You can fill out a copy of OSC Form-14 online and submit it on the OSC’s website. However, you should know that filling out a complaint in a way with the OSC that best correlates to the law is complicated. To maximize the chances of your claim being investigated, consult an attorney to help you file out the form.  We Can Help You File an OSC Complaint or Defend Your Rights Whether you’re considering filing a complaint or suffering whistleblower retaliation, you should obtain legal assistance. Many government wrongdoers will go to great lengths to protect themselves and punish anyone trying to expose their misdeeds. Intimidation and threats are all too common. On top of that, the procedures and laws surrounding whistleblower complaints are quite complex.  If you’re looking for an experienced federal employment lawyer, you have come to the right place. Our team at the Federal Employment Law Office of Aaron D. Wersing, PLLC has tremendous experience with whistleblower and PPP complaints before the OSC. We can help apply the law to your case, inform you of your legal options, and provide you with outstanding legal representation. Let’s work together to defend your rights and get your fair compensation. Time is critical, so don’t wait another second. Call us at 866-612-5956 today. You can also reach out to us online.

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

A Guide to the Hatch Act for Federal Employees

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

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Aug 29, 2022 | By Aaron D. Wersing | Read Time: 3 minutes | Federal EEOC

Can I Be Fired if I File an EEOC Complaint?

Everyone has the right to work in a place free from discrimination. Unfortunately, discrimination in workplaces is still a widespread issue. What’s more, tens of thousands of workers lose their jobs, are forced to quit, are demoted, and endure harassment each year because they complained about discrimination.  The Equal Employment Opportunity Commission (EEOC) reports that, in 2021, individuals filed 34,332 retaliation claims. This means that retaliation charges constitute over 56% of the total charges filed during that period.  The Federal Employment Law Firm of Aaron D. Wersing focuses on serving federal employees by investigating, filing, representing, and defending the federal EEO complaints of federal employees.  Federal Protections Against Discrimination and Retaliation Numerous federal laws protect workers against discrimination in the workplace, including:   Under these and other laws, it’s illegal for an employer to treat employees differently because of their race, national origin, gender, sex, religion, disability, or other protected characteristic.  In addition to protecting workers against discrimination, the law also protects workers against retaliation. Under the law, it’s illegal for employers to fire or demote employees because they filed or helped someone else file an EEOC complaint. Can I Be Fired if I File an EEOC Complaint? If an employee files an EEO complaint against their federal agency, such as the USPS, Department of Veterans Affairs, Department of Defense, or others, it’s illegal for their employing agency to take retaliatory action. In other words, your employer can’t fire you for filing an EEO complaint, but they can fire you for nondiscriminatory reasons. For many federal employees, such a situation would lead to several avenues of appeal, and it’s important to choose the right forum to appeal a removal or other adverse disciplinary action. In most situations, a federal agency via its management attempts to cover up their true incentives for firing a worker after the worker files an EEOC complaint.  Likewise, employers may not fire a worker but instead set up workplace conditions that leave the worker with no choice but to quit. For example, your employer may “forget” to schedule you,  or they may make comments about your complaint. These practices are typically illegal if related to the EEOC complaint, and may constitute a constructive removal, involuntary resignation, or similar.  The Federal Employment Law Firm of Aaron D. Wersing is standing by to provide EEOC retaliation guidance. Proving that your federal agency fired you (or forced you to quit) because of your federal EEOC complaint can be difficult. Having a knowledgeable federal EEOC attorney on your side is critical to uncovering the evidence you need to prove your case.  How Can I Prove that My Employer Fired Because I Filed a Federal EEOC Complaint? It’s uncommon for an employer to come out and say that they are firing a worker because they filed an EEOC complaint. So, how can a worker prove that their employer fired them because of the discrimination claims?  To prove retaliation, these three basic elements need to be at play: When investigating retaliation claims, the EEOC looks at the circumstances of when the employer fired the worker. The EEOC may look at the following: Talking to an experienced attorney is critical to discovering and preserving evidence. In addition, there are strict deadlines in place for when workers must file a retaliation charge. An attorney can help you meet these deadlines. We Are Compassionate and Knowledgeable Federal Employment Attorneys You Can Trust The Federal Employment Law Firm of Aaron D. Wersing proudly serves federal employees throughout the United States out of our Houston home office and remotely throughout the country. We’ve helped hundreds of federal workers secure the relief and justice they deserve. Call us at (866) 508-2158, or contact us online today.

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