May 16, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Retirement

Discontinued Service Retirement (DSR): What Is It?

A discontinued service retirement is a special type of retirement for employees who receive an involuntary separation from the federal service. In most cases, DSRs provide eligible employees with an immediate annuity payment. However, this annuity payment can be less than what an employee would normally receive. Many federal employees are unfamiliar with what Discontinued Service Retirement (DSR) is or how it differs from other types of retirement. Read on to find out whether DSR might apply to your situation. Understanding Your Discontinued Service Retirement Eligibility There are three main requirements to obtain a DSR. First, you need to have received an involuntary separation. Second, you have to meet certain age and service requirements. Third, you must not have rejected a “reasonable offer” of employment from your agency.  Discontinued Service Retirement (DSR) allows federal employees facing involuntary separation to retire early with an immediate annuity, even if they do not meet standard age or service requirements. This annuity may be reduced based on service length and retirement age. Obtaining an Involuntary Separation The key feature of a DSR is that it only applies to employees with involuntary separations. The Office of Personnel Management (OPM) considers several following situations to qualify as “involuntary separations.” These are just a few situations that qualify as “involuntary separations.” Contact a federal employment attorney to learn more about whether your situation is an involuntary separation. Age and Service Requirements Discontinued service retirement (DSR) allows federal employees separated through no fault of their own to receive an immediate annuity, potentially reduced by age. Eligibility requires involuntary separation not caused by misconduct and fulfillment of age and service conditions. Assuming your separation was involuntary, you need to meet several other requirements to be eligible for a DSR annuity. First, you need to be at least 50 years old and have at least 20 years of federal service. Discontinued service retirement applies to those involuntarily separated, except for misconduct or delinquency, with at least 25 years of service or age 50 with 20 years of service. They receive an immediate annuity. Another important factor is the retirement service that covers your position. There are two primary retirement systems in the federal government. The first is the Civil Service Retirement System (CSRS), which applies to more senior federal employees. The second (and far more common) retirement system is the Federal Employee Retirement System (FERS). Both CSRS and FERS employees can receive a DSR. However, the requirements and procedures for obtaining a DSR vary between those two retirement systems. The differences are quite nuanced, so you should consult a knowledgeable federal employment lawyer for more information. The Reasonable Offer The final requirement for obtaining a DSR is that you must not have refused a “reasonable offer” from your agency. To be a reasonable offer, you must be offered a position in writing that is: The position must also have the same work schedule. If you reject an offer that meets all of these criteria, then you cannot obtain a DSR.  How to Get a Discontinued Service Retirement Assuming you meet these requirements, your agency should automatically provide you with a DSR annuity. But in some cases, your agency may first ask you to provide certain kinds of information to confirm your eligibility.  Receiving a DSR can reduce the amount of your retirement annuity according to your retirement age. Specifically, for employees under the CSRS system, receiving a DSR reduces your other retirement benefits by one-sixth of one percent for every month that you are under age 55 when you retire. For instance, a CSRS employee that retires at age 47 will receive only 84% of their annuity because of their early retirement.  For all FERS employees with a DSR, you can calculate your FERS retirement using the typical calculation for non-disability retirements here.  Want to Learn More About DSR? We Can Help DSRs are poorly understood by most federal employees. In fact, even federal human resources departments can be unfamiliar with DSRs. As a result, your agency may wrongfully deprive you of a DSR after you receive an involuntary separation.  If you want to learn more about DSRs or think that you might be eligible for one, you need to contact a skilled employment attorney immediately. A qualified federal employment lawyer can review your personnel file and apply the law to your situation. They can also help you understand your options and file a claim with your agency. But for obvious reasons, you need to have the right kind of lawyer if you want to maximize your chances of prevailing in court.  If you’re looking for legal representation you can trust, reach out to the Federal Employment Law Office of Aaron D. Wersing, PLLC. Our team of dedicated legal professionals is highly experienced with federal employment issues of all kinds. And we are dedicated to preserving and protecting your rights as a federal employee. Give us a call today at 866-612-5956 or contact us online today to set up your initial consultation. You can also set up an appointment with us online and read about our past results.

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Apr 15, 2025 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Retirement

Will You Be Penalized for Retiring Early as a Federal Employee?

With the freedom retirement brings, many of us look for ways to retire earlier. Others retire early due to a change in circumstances. As a federal employee, early retirement may be available depending on your age and years of service. Contact the Federal Employment Law Firm of Aaron D. Wersing PLLC to discuss retiring early from federal service. Our firm focuses exclusively on issues related to federal employment, so you can rely on our experience to guide you as you consider or plan for early retirement. What Are Your Retirement Options? The Federal Employees Retirement System (FERS) covers federal employees who started working for the government on or after January 1, 1987. Under FERS, you have several retirement options, including: Your eligibility depends on your years of service and whether you have met the minimum retirement age (MRA).  Minimum Retirement Age Your MRA depends on what year you were born:  When you retire at your MRA, you typically forfeit part of your benefits. Voluntary Retirement You can voluntarily retire when you meet the requirements of the table below: Minimum Age Minimum Years of Service 62 5 60 20 MRA 30 (without penalty) MRA 10 (with penalty) You can also voluntarily retire under special provisions for military personnel, emergency services, or air traffic controllers at any age with 25 years of service or age 50 with 20 years of service. Early Retirement You can receive early retirement if a significant percentage of your agency’s employees will be separated or have their pay reduced because your agency is undergoing a: Your agency head must also request the U.S. Office of Personnel Management (OPM) issue a Voluntary Early Retirement Authority (VERA). Federal agencies offer early retirement using VERA to reduce age and service requirements or VSIP to provide lump-sum separation incentives. You can qualify for early retirement at any age with 25 years of service or age 50 with 20 years of service. Otherwise, you typically qualify when you reach age 62. Disability Retirement You can qualify for disability retirement if: You can apply at any age, but if you are under 60, your benefits can stop if you medically recover or return to work. Deferred Retirement Former federal employees can qualify for deferred retirement if they: You can meet the service requirements if you arrive at your MRA and have ten years of service or turn 62 with five years of service. Phased Retirement Under phased retirement, you work part-time and receive partial benefits over several months to years. Phased retirement can be an effective option for many who want to space out the retirement process. Are There Penalties for Retiring Early? Depending on the type of retirement, your benefits may be reduced if you retire before age 62.  Specifically, if you take voluntary retirement at your MRA with ten years of service, your annuity is reduced by 5% each year you are under 62. If you take deferred retirement based on reaching your MRA and having ten years of service, your annuity is reduced by 5% for each year and 5/12 of 1 % for each month under age 62. Can You Avoid the Early Retirement Withdrawal Penalty? If you voluntarily retire early, you can postpone receiving benefits to reduce or avoid the penalty. If you postpone: The closer to age 62 you start receiving benefits, the smaller the penalty. Speak with a Federal Employment Attorney If you are a federal employee, early retirement can be a great option. Contact the Federal Employment Law Firm of Aaron D. Wersing PLLC today to discuss whether early retirement may work for you and help you start planning.

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Apr 15, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | FERS Disability

Differences Between FERS Deferred Retirement and FERS Postponed Retirement: Which Option Is Better For You?

For federal employees contemplating retirement, understanding the nuances between different retirement strategies is essential. Except for a few very senior employees, most federal workers fall under the Federal Employee Retirement System (FERS). Compare FERS deferred and postponed retirement to choose the option that best fits your circumstances. In this article, we’ll clarify the difference between these two different retirement options and help you understand which one might be better for you.  However, if you need specific advice for your situation, then contact a competent FERS disability retirement attorney today.   Understanding Your Options: FERS Deferred or Postponed Retirement First, we need to explore what the terms “deferred retirement” and “postponed retirement” mean. Although these options fall under the FERS, they each operate under distinct circumstances and hold unique implications for retirees. Deferred retirement is typically for FERS employees who leave federal service before they reach the minimum retirement age (MRA). You can apply for deferred retirement if you have at least five years of creditable civilian service. However, bear in mind that you can’t withdraw your contributions to the retirement fund. If you do, you won’t be eligible for deferred retirement. On the other hand, postponed retirement is an option for FERS employees who have reached their MRA and have somewhere between 10 and 30 years of service. Postponed FERS retirement allows you to delay receiving retirement benefits to avoid the age reduction penalty.  What Are the Differences Between Deferred Retirement and Postponed Retirement? Besides the eligibility requirements and the retirement benefits that we just mentioned, there are several other differences between deferred retirement and postponed retirement.  1. Insurance Benefits One critical difference lies in health insurance and life insurance benefits. Under FERS deferred retirement, you are not eligible to continue receiving either Federal Employees Health Benefits (FEHB) or Federal Employees Group Life Insurance (FEGLI) after you leave federal service. If you choose to postpone your retirement, you can reinstate your FEHB and FEGLI when you begin to receive your annuity. However, to receive these benefits, you need to show that you were enrolled in these programs at least five years before your separation. 2. Survivor Benefits Another key difference involves survivor benefits. If you die while receiving a deferred retirement annuity, no survivor annuity is payable. This is because you have to receive an immediate annuity that began within 30 days of your separation to be able to receive survivor benefits. By contrast, FERS postponed retirement can sometimes pay out survivor benefits to your loved ones if you pass away before receiving your annuity.  3. Thrift Savings Plan FERS deferred and postponed retirements also differ when it comes to the thrift savings plan (TSP). All employees under FERS benefit from the TSP. Furthermore, deferred retirees and postponed retirees can withdraw their TSP funds. However, if deferred retirees can withdraw their TSP funds after they separate, they will have to pay the IRS’s early withdrawal penalty if they are below the age of 59 and 6 months. However, postponed retirees do not have to pay the early withdrawal penalty because they are already at their MRA. 4. Cost of Living Adjustments Lastly, FERS deferred retirement does not offer cost-of-living adjustments (COLAs) until the retiree reaches the age of 62. FERS retirees with postponed retirement receive COLAs immediately after annuity payments begin, even if under age 62. Is There a FERS Deferred Retirement Calculator I Can Use? Many people find it helpful to visualize their retirement options with a retirement calculator. While OPM offers a general formula for calculating your FERS retirement, they do not offer a calculator specifically for deferred retirement situations. Calculate your potential retirement sums by consulting a federal retirement attorney. Let Us Help You Determine Whether FERS Deferred Retirement or Postponed Retirement Is a Better Option For You! Call Today While this article provides a basic understanding of the interplay between different kinds of retirement, it’s only a foundation. The truth is that retirement decisions can be complex. In addition, the choices you make for your retirement will have tremendous effects on your life down the road. Consequently, it’s prudent to reach out to a knowledgeable federal attorney who can give you the advice you need.  Our team of adept attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, is deeply knowledgeable about the nuanced legal factors intrinsic to FERS deferred and postponed retirement cases. In addition, we share an abiding passion for helping the dedicated civil servants who make our country’s government run effectively. Together, we can help you understand which retirement option is best for you in light of your circumstances. We’ll then take the steps necessary to put your plan into motion, including helping you complete your application for deferred or postponed retirement under FERS. If necessary, we’ll work with your agency to ensure that your legal rights are respected and that you receive the retirement benefits that you rightfully deserve.  Contact us today to set up your initial appointment by calling us at 866-612-5956. You can also visit our website online.

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Mar 27, 2025 | By Aaron D. Wersing | Read Time: 3 minutes | Whistleblower Claims

Whistleblower Retaliation Examples in the Federal Workplace

Speaking up against wrongdoing takes courage—especially in the federal workplace. Employees who report misconduct, fraud, or safety violations expect their concerns to be taken seriously. However, some whistleblowers face retaliation from their agencies instead of being applauded for their honesty. Retaliation can take many forms, some more subtle than others. Understanding how retaliation can appear is crucial for federal employees to protect themselves and their careers. This blog post will explain what federal employees should know about illegal retaliation, offer common whistleblower retaliation examples, and discuss basic steps to take to protect yourself. Understanding Whistleblower Retaliation Whistleblower retaliation occurs when a federal agency punishes an employee because they reported wrongdoing. Under the Whistleblower Protection Act and other federal laws, it’s illegal to retaliate against federal employees who speak out about: Illegal retaliation against federal employees can take many different forms. In broad terms, agencies engage in unlawful retaliation when they take adverse action against an employee for whistleblowing. Many workplace retaliation examples focus on blatant adverse actions against federal whistleblowers, such as: However, many whistleblower retaliation cases involve more subtle forms of agency backlash. For example, some agencies may use performance evaluations as a tool for retaliation by suddenly marking an employee as “unsatisfactory” despite a history of strong work. Isolation and exclusion are another overlooked form of retaliation that federal employees can face. If your supervisors or colleagues suddenly stop communicating with you, remove you from key projects, or exclude you from important meetings, that could be a red flag pointing to retaliation. Other whistleblowers may be under excessive supervision, subject to unwarranted investigations, or face threats and harassment. Examples of Whistleblower Retaliation in the Federal Workplace To better understand what whistleblower retaliation can look like, consider the following scenarios. VA Nurse Faces Sudden Reassignment After reporting patient neglect at a Veterans Affairs (VA) hospital, a nurse suddenly finds themselves reassigned to administrative duties. While they used to be responsible for direct patient care, the nurse was suddenly assigned exclusively to clerical work without any explanation. The reassignment out of a position actively practicing medicine limits their career prospects and job satisfaction. IRS Employee Endures an Internal Investigation An Internal Revenue Service (IRS) employee uncovers tax fraud within their department and follows proper channels to report it. Shortly afterward, they become the subject of an internal investigation based on vague accusations. Their colleagues are warned to avoid contact with them, and they are placed on administrative leave pending the outcome of the investigation. Federal Scientist Excluded from Critical Work A scientist at a federal agency raises concerns about manipulated research data used to support a policy decision. Soon after, they are removed from key projects and denied access to important research meetings. The agency quietly cuts the scientist’s funding, leaving them with little work to do and effectively stalling their career. What to Do If You Face Retaliation After Whistleblowing If you believe you are experiencing whistleblower retaliation, it is essential to act quickly. Here are some steps you can take to protect yourself: These steps can help protect your future livelihood and hold agencies accountable for their unlawful actions. Protect Yourself and Your Federal Career  No federal employee should suffer retaliation for doing the right thing. If you believe your agency has taken action against you for reporting misconduct, you don’t have to face it alone. Recognizing whistleblower retaliation examples is the first step, but taking action is crucial. The Federal Employment Law Firm of Aaron D. Wersing PLLC helps whistleblowers fight against retaliation and protect their careers. Our team can assist you in gathering evidence, filing claims with the appropriate agencies, and pursuing legal remedies to secure your rights. Contact us today for a confidential consultation and take the first step toward justice.

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Mar 27, 2025 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Disability

Can You Sue for ADA Violations in the Federal Workplace?

Our country depends on thousands of federal employees with disabilities who provide critical service every day to keep the government running. Unfortunately, many capable federal employees still face unfair treatment and discrimination due to their medical conditions. Whether your employer refuses to provide reasonable accommodations, retaliates against you for requesting them, or treats you unfavorably because of your condition, it’s not just frustrating—it’s a violation of the protections laid out in the Americans with Disabilities Act (ADA) as federal law. Many federal employees in this situation wonder: Can you sue for ADA violations? In this blog post, we’ll answer this common question and explain what government employees should know about their legal rights under federal disability law. What Is an ADA Lawsuit? An ADA lawsuit is a legal action filed by an employee who has experienced disability discrimination at work. Under the ADA, private-sector and state or local government employees can sue their employers if they face discrimination because of a qualifying physical or mental impairment.  Common employer ADA violations that can lead to a lawsuit include: If a lawsuit is successful, employer penalties for ADA violations can include fines and mandatory policy changes. Employees may also receive back pay, job reinstatement, and reasonable work accommodations through an ADA lawsuit. Can You Sue for ADA Violations in the Federal Workplace? It is just as illegal for government employers to violate federal disability laws as it is for private-sector employers. However, federal employees who experience disability discrimination take action under a different law: the Rehabilitation Act of 1973, which upholds rights and protections specifically for federal employees with disabilities. Although the Rehabilitation Act predates the ADA by nearly two decades, the two laws use almost identical standards and protections. So, when can you sue for ADA violations if you’re a federal employee? When your employer denies you any of the rights or protections you’re entitled to under federal disability law. However, you will pursue your claim through a slightly different legal route under the Rehabilitation Act rather than the ADA.  How to Sue for an ADA Violation in the Federal Workplace Filing a lawsuit for disability discrimination as a federal employee involves several steps. Unlike private-sector employees, federal workers go through a different administrative complaint process before taking their disability discrimination case to court. Here’s how the process works: Federal employees generally have up to 90 days after receiving a final decision to seek legal counsel and sue for disability discrimination. However, it’s in your best interest to consult with a legal professional from the start—as soon as you suspect your rights have been violated. A skilled federal employment lawyer can evaluate your situation, explain your legal options in detail, and support you throughout the process of getting justice.  Steadfast Advocacy for Federal Workers  Fighting disability discrimination on your own can be exhausting, especially when facing a complex administrative and legal process. Fortunately, you don’t have to navigate this battle alone. At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we help government employees challenge workplace discrimination and advocate for their rights. With years of experience serving employees across the federal government, attorney Aaron Wersing understands the complexities of the Rehabilitation Act and is prepared to guide you through every step of the process to assert your rights. Contact our office today to schedule a consultation and learn more about how we can help.

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Mar 17, 2025 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

Adverse and Disciplinary Actions for Federal Employees

Adverse and disciplinary actions for federal employees are different classes of punishments. Both adverse and disciplinary actions are taken by an employer for reasons of performance or misconduct. Adverse actions include more serious punishments, while disciplinary actions often refer to less serious punishments. However, both can cause irreparable harm to your career and personal life. If you are a federal employee, disciplinary actions by your employer are something you need to take seriously. Consider consulting a successful federal employment attorney today to help you protect your rights. What Are Disciplinary Actions For Federal Employees? Disciplinary actions for federal employees are measures agencies take for alleged violations of rules, regulations, or conduct standards. Your employing federal agency is almost always responsible for taking these actions. Disciplinary actions range from mild warnings or reprimands to severe measures like suspensions. Common disciplinary actions for federal employees include: Various federal laws and regulations govern disciplinary actions for federal employees. A few key laws are the Civil Service Reform Act, the Federal Service Labor-Management Relations Statute, and the Privacy Act. These laws and regulations provide you with certain rights and protections, such as the right to a fair and impartial hearing, the right to appeal, and the right to representation by a union or an attorney. It’s important to note that disciplinary actions must be based on a valid cause, such as unacceptable performance, misconduct, or some violation of laws or regulations. In addition, any actions based on characteristics like your race, sexual orientation, or religion are illegal. You also have a few due process rights when receiving disciplinary action. Specifically, you have the right to make a response and receive a written notice of the action.  What Are Adverse Actions For Federal Employees? Adverse actions are serious disciplinary measures taken by federal agencies against their employees. As with disciplinary actions, adverse actions always negatively affect your job, pay, or benefits. They also have a huge impact on your reputation and employability. Adverse actions can include, but are not limited to, the following: Adverse actions against federal employees are governed by federal laws and regulations, including the Civil Service Reform Act, the Federal Service Labor-Management Relations Statute, and the Privacy Act. Fortunately, these laws and regulations provide extensive rights and protections to federal employees. These include the right to a fair and impartial hearing, the right to appeal, and the right to representation by a union or an attorney. As with disciplinary actions, all adverse actions must stem from an act of misconduct or poor performance. In addition, federal agencies need to provide extensive due process procedures when they propose an adverse action against you. Specifically, you need to have at least 30 days’ advance notice of the action, an opportunity to respond to the proposed action, and the right to appeal it to the Merit Systems Protection Board (MSPB). Let Our Federal Employment Attorneys Help You! Contact Us Today Whether facing adverse or disciplinary actions, take the situation seriously. Even a minor reprimand can torpedo your chances of obtaining your dream position and leave you with a black mark on your record. If your employer plans to take disciplinary action against you, seek legal counsel immediately. At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we are dedicated to preserving your rights. We will do whatever it takes to defend your good name. Furthermore, we will help you take action against discriminatory employers and other bad actors. Federal employment is a niche area, and most attorneys have little experience with it. However, we have decades of experience in federal employment issues. Don’t try to go it alone and jeopardize your career. Instead, give us a call at 866-612-5956 or get in touch with us online.

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Mar 17, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Workplace Discrimination

Reverse Discrimination in the Workplace—What You Should Know

We all know that discrimination in the workplace is unacceptable, and we all know that no federal employee should have to put up with it. However, not everyone knows that all kinds of discrimination are illegal. When most people imagine a discriminatory situation, they imagine racial minorities as the victims of racial “majorities.” They may be more accepting of discrimination when it operates in “reverse.” However, so-called reverse race discrimination is equally wrong and just as illegal as “regular” discrimination.  At this point, you might be asking yourself, What is reverse discrimination? In this article, we will discuss reverse discrimination definition and the situations which best describe reverse discrimination in the workplace.  If you think that you are the victim of reverse race discrimination, contact a workplace discrimination lawyer right away.  What Is Reverse Discrimination? The term “reverse race discrimination” is sometimes considered controversial, and its definition can be challenging to explain. Reverse discrimination occurs when members of a dominant group face bias in favor of minority or disadvantaged groups. Reverse discrimination based on race or ethnicity is known as reverse racism. The idea of “reverse racism” focuses on prejudiced attitudes or discrimination against certain racial groups but overlooks a central aspect of racism: power. Racism is defined as “prejudice plus institutional power,” highlighting systemic inequities. The simplest definition is this – reverse discrimination occurs when majority groups, such as white men, face unfavorable workplace decisions due to their race or gender. Reverse race discrimination, for example, occurs in situations where historic racial minorities (like blacks or Hispanics) discriminate against white Americans based on their skin color.  The fact that the target of discrimination belongs to a majority group does not exclude them from the protection of workplace discrimination laws. Discrimination is discrimination. It does not matter whether the victim is white, black, Christian, Muslim, handicapped, or able-bodied. Workplace discrimination lawyers know that discrimination laws apply to all groups, and can help any victim of any form of discrimination.  Which of the Following Is an Example of Reverse Discrimination? Let’s consider a few examples of discrimination to understand which of the following situations constitute reverse discrimination: Which of the following is an example of reverse discrimination in America? If you guessed the first two scenarios, you’d be correct. The first scenario was reverse race discrimination because a black man, a member of a racial minority, was discriminating against a white man based on race. Similarly, the second scenario also constituted reverse discrimination. Sex-based discrimination has historically targeted women, so reverse discrimination occurred because a woman was making condescending sex-based comments to a man. However, the third scenario was not reverse discrimination because Christianity is a majority religion in the United States. So while the Christian in that scenario was harassing and potentially discriminating against their Hindu coworker, that would constitute normal discrimination of a minority.  What Should I Do If I Am the Victim of Reverse Discrimination? Discrimination remains the same regardless of the victim’s race, gender, or religion. If you are experiencing reverse discrimination, consider taking the following actions: After you have taken these first steps, you need to consider hiring an attorney who handles cases of discrimination at work. Hiring an attorney for employment discrimination can help to resolve the reverse discrimination problem quickly. Furthermore, employment discrimination attorneys are familiar with all kinds of discrimination and can evaluate your case to see if you are eligible to obtain compensation. Finally, if you file a complaint against your agency, a federal employment workplace discrimination lawyer can help your case by collecting evidence, obtaining witnesses, and conducting settlement negotiations. Do You Need a Workplace Discrimination Attorney? Employment discrimination is always wrong, including reverse discrimination. Now that you know reverse discrimination’s definition, you will know when to contact an employment discrimination attorney.  If you are currently experiencing such discrimination, you need an employment discrimination attorney right away. However, not all attorneys are of the same quality. Therefore, it is critical that you hire an attorney that has experience with your kind of case and is familiar with the unique features of the federal workplace.  Contact Our Federal Employment Attorney To Discuss Your Case Today Here at the Federal Employment Law Firm of Aaron D Wersing PLLC, we are dedicated to helping federal employees stand up for their rights. Over the years, our firm has helped countless federal employees with all kinds of discrimination complaints. Unlike other law firms, we are familiar with all of the dynamics of the federal workplace. We will help you stand up for your rights and hold discriminatory actors accountable. Even if you don’t know whether you need an attorney, you have nothing to lose by setting up an appointment. Contact us right away.

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Feb 19, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Return to In-Person Work Executive Order for Federal Employees Administered by Trump

President Trump’s new mandate ending remote work for most federal employees has recently rocked the federal workforce. Although Trump had long suggested this was a priority for his administration, many federal employees are confused and concerned about what the return to in-person work executive order means in practice.  This blog post will address common questions about the Trump executive order to return to work. We’ll unpack the order’s details, explain the transition timeline, and discuss any exemptions from the mandate. What Does the Return to Work Order Say? On his first day in office in 2025, President Trump issued a mandate directing all federal departments and agencies to take steps to end remote work arrangements. President Trump ordered all federal employees to return to full-time, in-person work. Agencies must end remote work, but agency heads can approve exemptions when necessary. The order specifies that agency leaders should “require employees to return to work in person at their respective duty stations on a full-time basis” unless they have legitimate reasons for exemption under existing law. According to a report by the Office of Management and Budget, in May 2024, 1.1 million federal civilian employees were eligible for work arrangements that allowed them to do their jobs partly or entirely away from their work site. Of those employees, around 228,000 occupied remote positions where they were not expected to report to a physical location.  This new directive marks a significant shift from the Biden administration’s approach, which embraced flexible work arrangements and expanded telework options for federal employees.  When Does the Return to In-Person Work Executive Order Take Effect? President Trump’s return to work order officially went into effect on January 20, 2025, when it was issued. According to guidance from the Office of Personnel Management (OPM), agencies had until 5:00 p.m. EST on January 24, 2025, to take the following steps toward complying with the mandate: Under OPM’s guidance, agencies will aim to fulfill the order’s requirements within 30 days. However, some flexibility with this timeline is possible for federal employees covered by collective bargaining agreements and other exceptional agency circumstances.  Who Is Included in the Executive Order to Return to Work? The original order specifically addresses employees of “all departments and agencies in the executive branch of Government” engaged in any “remote work” arrangement. This includes any employees who work entirely from an alternative worksite and are not expected to report to agency locations. However, the OPM guidance clarifies that the president’s mandate also applies to federal employees performing “telework.” In the past, OPM allowed employees with telework arrangements to “report to work both at an agency worksite and alternative worksite on a regular and recurring basis each pay period.” Now, federal employees who’d previously had authorization for full—or part-time telework will also be expected to return to in-person duties. Are There Any Exceptions to the Federal Employee Return to Work Executive Order? The president’s mandate does include some exceptions. Certain employees may continue working remotely if they qualify for an exemption under federal law or agency policy. These exemptions include: If you believe you qualify for an exception, it is crucial to communicate with your agency and understand your rights. A lawyer experienced in federal employment law can help assess your situation and ensure the proper handling of your request. Proud Advocates for the Rights of Federal Employees Federal employees are understandably concerned about the impact of this executive order on their careers and personal lives. If you have questions about your rights, exemptions, or potential legal challenges, the Federal Employment Law Firm of Aaron D. Wersing PLLC is here to help. Our team understands the complexities of federal employment law and can help you navigate exemption requests, disability accommodations, and union protections. Additionally, if you experience retaliation for requesting an exemption or challenging the order, you may have legal recourse under federal whistleblower protections and anti-retaliation laws. Contact our office today to learn more about your rights and how we can help. Resources:

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Feb 19, 2025 | By Aaron D. Wersing | Read Time: 3 minutes | MSPB

What Is the MSPB Discovery Process & Why Is It Important?

For federal employees, preparing your appeal to the Merit Systems Protection Board (MSPB) can feel complex and intimidating. Even though it’s your legal right to challenge unfair or unjust adverse employment actions, many employees still feel disadvantaged compared to their agencies. Fortunately, employees can access a powerful tool to help level the playing field: the MSPB discovery process. During discovery, federal workers can obtain crucial evidence that can make a significant difference in the outcome of their appeal.  In this blog post, we’ll explain what federal employees should know about the discovery process in MSPB cases and how they can use it strategically to protect themselves and their careers. What Is the MSPB Discovery Process? Discovery is the legal process where both parties in a dispute exchange information before they meet in a formal hearing. It allows each side to gather and understand the evidence the other side is relying on. In MSPB appeals, discovery allows federal employees to collect documents, records, and testimony that can challenge the legitimacy of their agency’s decision. If you intend to claim that discrimination, retaliation, or procedural errors were behind your agency’s actions, discovery is vital to gathering the concrete evidence you might otherwise not have access to. What Does the MSPB Discovery Process Involve? Under MSPB discovery rules, federal employees must begin making information requests no later than 25 days after the acknowledgment order for the appeal is issued. The scope of federal discovery rules allows employees to request any information that they believe could help prove their case or detract from an agency’s claims. Here are some of the different ways that federal employees can seek information during MSPB discovery: For example, imagine a TSA officer is facing removal based on alleged misconduct. They use discovery to request emails between their supervisor and HR officials discussing the proposed termination. These emails reveal that personal bias motivated by the employee’s religious faith rather than performance issues influenced the decision. This evidence becomes key in proving that the action was unjustified and discriminatory. How to Use MSPB Discovery Effectively Many federal employees assume they already have all relevant information about their situation when they appeal to MSPB. However, this is far from the case.  Although federal agencies must share some relevant information with employees when they deliver the notice of proposed action, they often withhold other documents that could be crucial for your case. Don’t assume you understand the whole picture based on your agency’s initial disclosure. Additionally, the discovery process isn’t just about building your case—it’s also about anticipating the agency’s arguments. Discovery allows you to be proactive and avoid potential claims against you. For example, if you expect the agency to claim that your termination was due to performance issues, you can use discovery to obtain all performance reviews, commendations, and evidence that supports your track record. Discovery is a complex legal process, and navigating it can be challenging for federal employees whose careers may be on the line. The best way to make the most of the discovery process is to seek qualified legal assistance. An experienced federal employment lawyer can help draft information requests, stay on top of deadlines, and prepare a strong legal strategy to increase your chances of a positive outcome. Protect Your Federal Career with Trusted Legal Guidance  If you are facing an MSPB appeal, you need a legal team that understands the complexities of the discovery process and how to use it to your advantage. The Federal Employment Law Firm of Aaron D. Wersing PLLC has years of experience successfully supporting federal employees through their MSPB appeals. Our team can uncover key evidence, challenge agency defenses, and build a compelling case on your behalf. To learn more about how we can help you, contact our office today to schedule a consultation.

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Feb 19, 2025 | By Aaron D. Wersing | Read Time: 3 minutes | MSPB

MSPB and Affirmative Defenses: What You Should Know

Federal workers facing potential suspension, demotion, or removal often feel like the deck is stacked against them. Fortunately, federal law offers civil servants some key tools for challenging unfair agency actions, including the right to assert an affirmative defense before the Merit Systems Protection Board (MSPB). An affirmative defense can overturn or mitigate an agency’s disciplinary decision if successfully argued.  Read on to learn more about how affirmative defenses work, MSPB’s evolving approach to handling them, and how federal employees can use them to protect their job security. What Is an Affirmative Defense? An affirmative defense is a legal argument that federal employees can use to negate a federal agency’s adverse employment action. In an MSPB affirmative defense, an employee doesn’t just argue that an agency misinterpreted facts or lacked evidence for their decision. Instead, an affirmative defense tries to show that an agency’s action violated an employee’s rights or federal law.  Common affirmative defenses federal employees use when appealing to the MPSB include: Showing the MSPB that an agency engaged in misconduct in one of these acts is one of the most effective ways for federal employees to challenge and avoid career-damaging adverse actions.  How Do Affirmative Defenses Work? Raising an affirmative defense is not just about making allegations—it requires evidence and legal arguments. The federal employee has the burden of proof to show that their agency’s action was improper by “a preponderance of the evidence.” Put simply, they need enough evidence to show the agency violated relevant laws and regulations. This typically involves: For example, imagine a federal employee faces removal after reporting agency fraud to a law enforcement authority. This employee might build an affirmative defense based on whistleblower retaliation with emails establishing that the adverse action happened shortly after their report and testimony from coworkers confirming the agency’s hostile response. If the employee presents enough evidence to demonstrate the agency was motivated by retaliation, they could have their removal reversed. How Has the MSPB’s Approach to Affirmative Defenses Changed? Recent decisions have altered how the MSPB evaluates affirmative defenses.  In a 2022 ruling, the MPSB revised certain procedural standards that had provided some advantages to federal employees pursuing these defenses. For example, in the past, if an administrative judge made an error in ruling on a case involving an affirmative defense, the employee could automatically have their case reconsidered, even if their claim lacked substantive evidence or effort. Under the MSPB’s new guidelines, employees must make a more intentional effort to pursue affirmative defense cases. Otherwise, the MSPB has much more flexibility to dismiss a defense that doesn’t meet procedural requirements or lacks legal backing. Ultimately, federal employees must be careful and prepared when using affirmative defenses. Having the support of experienced legal counsel is essential for federal employees to ensure their case is presented correctly and given a fair chance. Dedicated Defenders of Federal Employee Rights Successfully asserting an affirmative defense before the MSPB requires deep knowledge of federal employment laws, procedural rules, and legal strategy. Fortunately, federal employees don’t have to take on the burden of building an affirmative defense alone. The Federal Employment Law Firm of Aaron D. Wersing has provided dedicated and personalized service to federal employees and their families for years. Our team has extensive experience with MSPB cases and employee affirmative defenses, from harmful procedural errors to whistleblower retaliation claims. If you are facing an adverse action, contact our office today to schedule a consultation and learn more about how we can help. Resources: 5 U.S.C. § 7701(c)(2)(A), link.

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