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

What Is Cyberbullying Under Federal Law?

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

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

Understanding EEOC Class Action Complaints

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

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

What Does Discrimination in a Federal Workplace Look Like?

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

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

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

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

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

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

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

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...

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.