Jun 20, 2025 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

Are Federal Employees At-Will Employees?

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

Jun 20, 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, FERS employees with 10–30 years of service who reach their MRA can postpone retirement to avoid the age reduction penalty. 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. Deferred retirement annuities do not include survivor benefits if the recipient dies. 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 Deferred retirement annuities do not include survivor benefits if the recipient dies. 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. We proudly offer our services to federal employees nationwide. 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.

Jun 20, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Top Reasons Security Clearances Get Denied or Revoked: Guidance for Federal Employees Nationwide

Obtaining and maintaining a security clearance is necessary for most federal positions. If you are a current federal employee, losing your security clearance is the easiest way to lose your federal career entirely. And for those who are applying to the federal service, having several public trust clearance disqualifiers on your record can torpedo even the most promising CV. As the old saying goes, “a penny of prevention is worth a pound of cure.” Taking a few moments now to understand how security clearances can be threatened may provide you with vital information later on. We’ll explore the four most common reasons security clearances get denied or revoked so you can succeed where others have failed. For those who have already made some of these mistakes, we will also touch on how you can mitigate their effects. If your employer is threatening to take away or revoke your security clearance, do not wait. Our firm proudly offers services to federal employees nationwide. Contact a federal employment lawyer immediately. Reason #1: Drug Use Drug use has consistently been the most common reason for security clearance revocation or denial. The federal government has enforced a “zero tolerance” workplace drug policy since the 1980s, regardless of state-level drug legalization. In the past few years, many federal employees have lost their security clearances for using marijuana even though doing so was perfectly legal in the state they were working in. Several specific drug-related conditions that can cost you your security clearance include: There are a few ways you can mitigate drug involvement issues: You can also help mitigate a drug involvement issue by collecting positive character references from friends, former coworkers, and others who know you well. A qualified employment attorney can also help you manage drug-related security clearance issues. Reason #2: Personal Conduct The government’s definition of “personal conduct” is any general conduct involving “questionable judgment, untrustworthiness, unreliability, lack of candor, dishonesty, or unwillingness to comply with rules” that could indicate a person might not protect classified information. Provide honest and complete information to avoid disqualification from the application process. This is a broad definition that encompasses many different types of conduct and behavior. Some examples of concerning personal conduct include: You can mitigate these concerns by showing that: Of course, cooperating fully with security clearance personnel from the beginning is the best way to avoid running afoul of the personal conduct rule. If you are concerned about how to answer certain questions on a security clearance form, you should consider consulting with an attorney before submitting your responses. Reason #3: Financial Issues For this category, the government is concerned about people who have made questionable financial decisions, obtained money from unknown sources, or who are desperate for money. More specific conditions that may endanger your security clearance include: It’s also important to disclose all of your sources of income, especially if you have a nice car and house. Otherwise, the government may suspect you derive some of your income from unethical or criminal enterprises. Reason #4: Foreign Influence A major concern for the government is ensuring that all federal employees are only loyal to the United States. Dual citizenship or other factors which suggest allegiance to another country are problematic for obtaining a security clearance. You may have your security clearance revoked if you: To mitigate these issues, you can: Finally, make sure that any connections you have with citizens of other countries are casual and infrequent. What Percentage of Security Clearances Are Denied? Security clearance rejections are rare, with only 2–5% of applications denied annually by the U.S. Department of Defense and other federal agencies. Secure Your Future: Expert Legal Aid for Protecting Your Security Clearance Congress passed the Social Security Fairness Act in late 2024, repealing the WEP and GPO entirely. Individuals affected by these provisions will have their full Social Security benefits restored. At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we are passionate about defending your rights as a federal employee, and we are committed to maximizing your chances of having a successful and productive federal career. We can represent you at every stage of the security clearance process and will go to great lengths to collect evidence that shows you are worthy of a security clearance. Over the years, we’ve represented countless federal employees in security clearance cases. Thanks to our services, many people have been able to save their security clearance. We have also helped people with checkered pasts meet the requirements for a secret security clearance. Although many people worry about the costs of hiring a lawyer, we do not want to let money prevent you from protecting your future. Reach out to us today by calling 866-298-1488 or online for help with your federal employment security clearance issues.

May 28, 2025 | By Aaron D. Wersing | Read Time: 6 minutes | Federal Retirement

FERS Retirement Calculator: A Step-by-Step Guide

Calculating your FERS retirement may seem complex, but we can help you determine the right amount with ease. A FERS disability retirement calculator is exactly what it sounds like. So you want to know how to calculate federal retirement. It is a tool you can use to calculate the amount of payment you will receive if you retire due to a disability. Of course, this calculator tool is applicable only if you are a federal employee retiring through the FERS disability retirement program. For immediate assistance, please don’t hesitate to contact or call (833) 833-3529 to reach our experienced FERS disability lawyers. How is FERS Calculated? A FERS disability retirement pay calculator works just as any other calculator does. You give the calculator a set of inputs and parameters, and the calculator gives you an answer. The output could be your annual payment (referred to as an annuity). Or it could be your monthly or weekly payment. On the other hand, your output could be the total amount of money you will receive over X amount of time (36 months, 20 years, etc). It all depends on what you ask the calculator to give as its output. It is up to you. Many of the FERS retirement calculations depend on your high-3 salary. OPM defines your high-3 as the highest average basic pay you earned during any 3 consecutive years of service. Your basic pay is your basic salary paid for your position. This includes salary increases for which FERS retirement deductions are withheld, such as shift rates. It does not include payments for overtime, bonuses, etc. Further, if one’s total service was less than 3 years, the average salary is figured by averaging basic pay during all periods of creditable Federal service. The best way to find your high-3 average salary is to get a FERS benefit to estimate from your Agency. This report will show the official figures that will be sent to OPM. While the OPM website does not have a specific calculator tool, they publish information on how they make the calculations online. Here, we summarize those guidelines. FERS Disability Computation If You Have Reached the Age of Retirement If you are age 62 or older when you retire due to a disability, the following FERS calculation applies. The calculation also applies if you meet the age and service requirement for immediate voluntary retirement and suffer from a disability. This calculation is known as an “earned” annuity since you have otherwise met the qualifications for retirement benefits. ‘ The calculation goes one of two ways. If you are 62 or older when you retire and have less than 20 years of service with the federal government, or are under 62 years old but qualify for immediate voluntary retirement, your annuity calculation will be 1% of your high-3 average salary for each year of service. Thus, if you serve eighteen years, your annuity is 18% of your high-3 average salary. Your high-3 average salary is the highest average basic pay (minus overtime) you receive for three consecutive years during your employment. If your salary tops out at $65,000 for three years, that’s your high-3 salary. If your annual salary was $55,000 three years before your disability, then $65,000 per year for only two years before the disability, your high-3 average salary is the average of $55,000, $65,000, and $65,000. If you are 62 years old or older and have at least 20 years of service to the federal government, your annuity calculation is different. Your annuity calculation is 1.1% of your high-3 average salary for each year of service. So if you have 20 years of service at this point, your annuity is 22% of your high-3 average salary. Because the calculations for disability retirement for someone 62 years old or older are the same as regular voluntary retirement, it generally does not make sense to apply for FERS disability if you are at least 62 years old. Related Article: Minimum Retirement Age (MRA) for Federal Employees FERS Disability Computation If You Have Not Reached the Age of Retirement For these calculations, the assumption is that you are under the age of 62 at the time of retirement and not eligible for voluntary retirement at that time. There are 3 tiers given: For the first 12 months, your annuity calculation will be as follows: Your base annuity is 60% of your high-3 salary. If you receive social security, the total amount of your social security payment is subtracted from your FERS annuity as a 100% offset. If your “earned” FERS annuity is greater than this amount, your earned annuity will be your annuity payment. After the first 12 months, before you reach age 62, your base annuity calculation will be reduced to 40% of your high-3 year salary. If you receive social security, 60% of that amount will be drawn from your annuity. Just like the first 12 months, your “earned” annuity will be your annuity payment if that amount is greater than the base annuity (minus the social security offset). Once you reach age 62, FERS will recalculate your annuity from that point on. It will be the annuity you would have had if you were able to work until the day before you turn 62 and retire under FERS. In other words, the service computation reverts to the one we outlined above. What Are Disability Annuity Reductions? In some situations, your disability annuity can be reduced due to elections made during the application process. The main situation where this happens is when you are married and have a survivor benefit election. Unless your spouse consents to you electing a smaller than ‘full’ survivor annuity (which you establish at the beginning of your employment term), your annuity faces a reduction of either 5% or 10%. If you elect survivor benefits that are 50% of your benefit, a reduction of 10% occurs. On the other hand, if you elect survivor benefits of 25%, a 5% reduction occurs....

May 28, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Workplace Discrimination

The Unfair Truth: Passed Over for Promotion by Less Qualified Employees

When you’re expecting a promotion and have been passed over for promotion by less qualified candidate, it can be frustrating. You may be wondering why you were passed over in favor of someone else, especially if they aren’t as qualified as you are. If you ask your boss and don’t get a satisfactory answer, there may be a reason. Unfortunately, discrimination in the federal workplace is not a new problem. Being passed over for a promotion in favor of a less-qualified candidate is not uncommon either. If you suspect you’re the victim of workplace discrimination, you need to contact a skilled federal employment lawyer right away. Feeling frustrated after being overlooked for a promotion in favor of a colleague who appears less qualified is understandable. However, it’s important to respond with professionalism and maintain an objective perspective. Passed Over for Promotion Discrimination Federal employers can choose to hire and promote someone for numerous legitimate reasons. However, the law prohibits employers from passing on an employee if their motives are rooted in certain types of discrimination. Actions that are even somewhat discriminatory are unlawful. Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating in any facet of employment, including hiring, termination, referral, promotion, etc. The Equal Employment Opportunity Commission (EEOC) is the agency that enforces these laws. Employers cannot refuse to promote or hire someone because of: Proving discrimination is not necessarily easy, but it’s not impossible. If you believe you were discriminated against, you have the right to take legal action against your federal agency. To better understand what workplace discrimination looks like, here are several other examples: If you are considering pursuing a formal complaint about your missed promotion, you need to act quickly. You don’t have a lot of time to initiate your EEO complaint. What to Do When You Are Passed Over for a Promotion? Employees who have experienced discrimination in their workplace have legal rights. You should start by asking the hiring manager or your boss to explain why you were not promoted. If they don’t give you a straight answer or your gut tells you there is something they are leaving out, consider digging deeper. This is an excellent time to contact an experienced federal employee lawyer. At the Law Office of Aaron D. Wersing, we focus on legal issues affecting federal employees. We have years of experience representing clients in workplace harassment and discrimination claims. There is no harm in contacting us to discuss your situation. We can evaluate your case and let you know what the best course of legal action is. Depending on the circumstances, your attorney may suggest you make a complaint about the alleged discrimination. This is when you want to pay close attention to conversations in your office. Look for patterns of discrimination. Some incidents may not be overt. Gather any text messages, emails, or other documents you have that could point to discrimination in the workplace. Understandably, you might be concerned about retaliation after reporting that you were passed over for a promotion by a less-qualified candidate. While illegal, retaliation does occur in workplaces, including federal agencies. If you reported discrimination or harassment and adverse employment action has been taken against you, it’s time to contact our office. Filing an EEOC Claim as a Federal Employee If you are considering filing a EEO complaint of discrimination against your agency, the process is unique for federal employees. Your first step is to speak with an EEO counselor at the agency where you work. Typically, you have only 45 days from the date of discrimination to contact them. You can then elect to process your case through traditional EEO counseling or an alternative dispute resolution (ADR) program. A qualified federal employment attorney can advise you as to which route to take in your specific case. In the event your dispute doesn’t resolve through one of these two methods, you have up to 15 days to file a formal complaint with your agency’s EEO office, which leads to a fact-finding investigation. Once they have completed this investigation, you have the choice to have the agency issue their decision through a final agency decision (FAD) or request a hearing before an EEOC administrative law judge. Depending on the outcome, you may later need to appeal by filing a civil action in federal court. Contact Our Federal Employee Lawyer Today When you’re dealing with being passed over for a promotion discrimination by a less qualified candidate, we can help you. If there is discrimination happening in your federal workplace, it’s probably not an isolated incident. Employers cannot discriminate against employees, nor can they retaliate if an employee reports an incident. To learn more about your legal options after being discriminated against, contact the Law Office of Aaron D. Wersing today.

May 27, 2025 | By Aaron D. Wersing | Read Time: 3 minutes | Category Name

Role of Douglas Factors in MSPB Disciplinary Actions

When a federal agency proposes to suspend, demote, or remove a federal employee, its decision must survive scrutiny by the Merit Systems Protection Board (MSPB). The MSPB Disciplinary Actions doesn’t simply accept the agency’s reasoning at face value—it evaluates whether the penalty is fair, justified, and consistent with federal merit system principles. This is where the Douglas factors come into play. These 12 factors serve as a guideline agencies must use to determine whether a disciplinary penalty is appropriate. If the agency fails to properly consider them—or applies them inconsistently—its action may be overturned on appeal. This blog post will explain what federal employees should know about the role of Douglas factors in MSPB disciplinary actions. Understanding how these factors work can make a critical difference in building your defense and protecting your federal career. What Is the Role of Douglas Factors in MSPB Disciplinary Actions? The Douglas factors are a set of 12 criteria that agencies must weigh when deciding on disciplinary action against a federal employee. These factors are designed to ensure that the penalty is proportionate to the misconduct, takes the employee’s circumstances into account, and is consistent with how similar cases have been handled in the past. Here are the key factors that agencies must assess: An agency doesn’t have to address every single one of these factors in writing, but it must demonstrate that it gave meaningful consideration to the relevant ones. Failure to do so can be a strong argument for reducing or reversing the penalty. Mitigating Penalties Using Douglas Factors in MSPB Disciplinary Actions Many agencies overlook factors that might justify leniency in their rush to discipline. For that reason, appealing to the Douglas factors can be an effective way to seek a mitigated penalty. For example, under the Douglas framework, a long-serving federal employee with a spotless record may be eligible for a lesser penalty if mitigating circumstances exist—such as levels of unusual stress, unacknowledged mental health conditions, or discriminatory treatment. Employees can shift the narrative by gathering strong documentation, credible witnesses, and persuasive personal statements. In doing so, a penalty that once seemed inevitable may become unjustifiable. Douglas Factors and MSPB Appeal Strategies Understanding the role of Douglas factors in unfair federal employee discipline claims is key to developing a strategic defense. By examining the Douglas factors in the context of your case, employees and their attorneys can prepare to effectively challenge the suitability of the penalty. Some strategies commonly used in MSPB Disciplinary Actions appeals include: Each of these arguments can tip the balance in favor of the employee. Weighing Douglas Factors in Federal Employee Removals The Douglas factors are a valuable tool for rebalancing the power dynamic in adverse action cases. Unfortunately, in some cases, disciplinary actions may be motivated by workplace politics, biases, or retaliation. In this vein, the MSPB pays close attention to how agencies are weighing Douglas factors in federal employee removals. Agencies that impose removal without considering these factors may see their decisions reversed or mitigated. MSPB Disciplinary Actions and the Application of Douglas Factors FAQs Why Are Douglas Factors Important in MSPB Disciplinary Cases? They ensure that penalties are not arbitrary and that agencies consider the full context of an employee’s conduct. When Do Agencies Apply Douglas Factors in MSPB Disciplinary Actions? Agencies must consider them before finalizing major adverse disciplinary actions, including removals, demotions, or lengthy suspensions. Let Our Firm Help You Use the Douglas Factors to Your Advantage The Federal Employment Law Firm of Aaron D. Wersing, PLLC, is dedicated exclusively to federal employee representation. We are Texas board-certified in labor and employment law, backed by a record of success, AVVO 5-star reviews, and recognition from Super Lawyers. From whistleblower retaliation to wrongful removal cases, we have helped hundreds of clients assert their rights and rebuild their careers. We understand federal employment law inside and out and know how to apply the Douglas factors to your advantage. Reach out to our team today and schedule a consultation.

May 27, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Common Defenses Against Federal Employee Misconduct Charges

For many federal employees, public service represents not only a career but a commitment to stability, structure, and purpose. However, when misconduct allegations arise, that foundation can feel suddenly and unfairly shaken. These charges often carry serious consequences—threatening your career, financial security, and professional standing. Fortunately, federal employees are not without recourse. There are several common defenses against federal employee misconduct charges, and when strategically asserted, they can provide a clear path toward resolution. Whether your case involves procedural errors, baseless allegations, or discriminatory retaliation, a focused legal strategy can make all the difference. What Are Common Defenses Against Federal Employee Misconduct Charges? When a federal employee is charged with misconduct, several legal defenses may be raised depending on the circumstances. These defenses can protect your job, your record, and your future. Here are some of the most common and effective ones: Rushed or overburdened agencies often overlook these common defenses against federal employee misconduct charges. But a skilled attorney knows how to apply them strategically. That’s why working with a federal employment advocate and building your case early on is essential. What Are Strategies to Challenge Federal Disciplinary Actions? Successfully challenging a disciplinary action requires more than just disagreeing with the agency. Some strategic steps to take include: Ultimately, what is the strongest strategy for challenging a misconduct charge? Seeking legal representation. Federal employment law is complex, and disciplinary hearings are high-stakes. Having an experienced attorney on your side can make a significant difference. A good lawyer can challenge weak evidence, uncover procedural errors, and build the strongest defense possible. How Long Do I Have to Appeal Federal Employee Misconduct Charges to the MSPB? Timing is everything when defending against misconduct charges. If you’ve been removed, demoted, or suspended for more than 14 days, you typically have 30 calendar days from the effective date of the action to file your appeal with the MSPB. Missing this deadline can result in losing your right to challenge the agency’s decision. The MSPB appeals process moves quickly and requires detailed legal knowledge. From the moment you receive a proposed disciplinary action, every step you take—or fail to take—can impact the outcome. That’s why working with a lawyer who understands how the MSPB operates is so important. Legal Defenses for Federal Workers Facing Misconduct Claims FAQs Can I Challenge a Misconduct Charge If I Believe It Is Unfair or Incorrect? Yes. Depending on your case, you can challenge disciplinary actions through internal processes, the MSPB, the EEOC or OSC. What Evidence Do I Need to Defend Against a Federal Disciplinary Action? Emails, timelines, witness statements, medical records, and performance reviews are all critical forms of evidence. What Are the Most Effective Ways to Challenge a Federal Disciplinary Action? The most effective ways include hiring an attorney, requesting all case documentation, uncovering bias or retaliation, and appealing to the MSPB. You Don’t Have to Face This Alone At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we bring deep experience and singular focus to the complex world of federal employment law. Our nationally recognized firm proudly holds distinctions such as the AVVO Client’s Choice Award, and Super Lawyers recognition. Whether you’re dealing with a proposed removal, a suspension, or a hostile work environment, we know how to navigate the system and fight for your rights. Contact our firm today for a consultation.

May 27, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Category Name

File an OFO Appeal as a Federal Employee

Filing an appeal with the Equal Employment Opportunity Commission (EEOC) might sound intimidating. However, if you’ve received a Final Agency Decision (FAD) that doesn’t sit right, or an unfavorable decision by an EEOC judge, the EEOC’s Office of Federal Operations (OFO) gives you a path forward. You can file an OFO appeal as a federal employee to challenge that decision without restarting your case from scratch. The OFO appeals process is technical and time-sensitive. But with the right approach and attorney, the outcome can shift in your favor. The Federal Employment Law Firm of Aaron D. Wersing PLLC is dedicated to helping federal employees do just that with clarity, strategy, and compassion. What Is the OFO Appeal Process for Federal Employees? The OFO appeal process for federal employees allows you to contest an agency’s final ruling in your discrimination case. An OFO appeal doesn’t mean you reopen every detail of your case. Instead, it asks the EEOC to review whether the agency made a legal or factual error. There are three basic steps to the OFO appeal process: For employees, winning an OFO appeal can mean a second chance at justice, potentially resulting in reinstatement, back pay, or other corrective actions. However, success depends on presenting strong legal arguments and clear evidence that the agency mishandled the case. At The Federal Employment Law Firm of Aaron D. Wersing, we know how to help craft federal appeals that speak the EEOC’s language and stand up under scrutiny. What Documents Are Needed for an OFO Appeal? When preparing your case, knowing which documents are needed for an OFO appeal is key. Essential documents include: If you leave something out, the EEOC may never complete your appeal. A seasoned attorney can help ensure that your paperwork is correctly submitted. What Are the Common Mistakes in OFO Appeal Filings? Even strong cases can unravel because of errors. Some common mistakes in OFO appeal filings that can jeopardize a case include: Winning an appeal isn’t simply a matter of effort; it’s a matter of precision. Procedural missteps at this stage can result in a complete loss of your right to appeal. Understanding the EEOC OFO Appeal Form and Requirements The EEOC OFO appeal form and requirements seem simple, but they demand rigorous attention. To start, fill out and sign EEOC Form 573. Then, attach your FAD and any supporting materials or documents. You can submit your appeal by mail or through the EEOC Public Portal. Be sure to keep a copy of the form, as well as proof of submission for your records. Your submission must be complete to be considered—partial filings are often dismissed. What Is the EEOC OFO Appeal Timeline for Federal Workers? Here are some key points in the EEOC OFO appeal timeline that federal workers should know about: You typically only have one chance to appeal. Filing on time and filing correctly gives your appeal its best chance. OFO Appeal Process for Federal Employees: FAQs When Should I File an OFO Appeal as a Federal Employee? Within 30 days of receiving your FAD or EEOC initial decision. What Types of Cases Qualify? Claims of discrimination, retaliation, or harassment under Title VII, the ADEA, the Rehabilitation Act, and similar laws. Is There a Fee? No. The OFO does not charge a fee to file an appeal. What Happens After I File My Appeal? The EEOC may affirm, reverse, or return the case for further review (i.e., remand). Can I File More Documents Later? In an OFO appeal, you generally have 30 additional days after filing the appeal itself to file your supporting evidence. This is not true when filing an OFO reconsideration appeal, in which both the appeal and all evidence should be filed together. The Federal Employment Law Firm of Aaron D. Wersing PLLC Can Help The Federal Employment Law Firm of Aaron D. Wersing PLLC helps clients fight against discrimination, wrongful suspensions, and hostile work environments nationwide. What sets us apart from other law firms? With years of experience handling EEOC, MSPB, OSC, and disability retirement claims, Aaron Wersing knows federal employment law inside and out. If you’re facing the aftermath of a flawed FAD and are unsure where to turn, we’re here to help. Our firm doesn’t treat federal employment law as a side practice—it is our primary focus and area of deep, ongoing dedication. Contact us today for a consultation, and let us guide you through your appeal with strength, strategy, and support.

May 27, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Important Questions to Ask Your Federal Employee Lawyer

When your federal career is on the line, hiring a lawyer isn’t any choice—it’s a decision that could shape your future. Maybe your agency blindsided you with a proposed removal, or you face daily discrimination or retaliation. Suddenly, you find yourself navigating a complex legal and administrative system most private-sector employees never have to touch. That’s why the important questions to ask your federal employee lawyer matter. You’re not just hiring an attorney; you’re choosing a partner who can help protect your financial and professional future. Whatever your issue, knowing how to evaluate a potential attorney is essential for setting yourself up for the best possible outcome. At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we guide clients through EEOC hearings, MSPB appeals, OSC investigations, FERS disability claims, and other complex legal proceedings with clarity and care. Our goal? To give you back control of your life. Why Does Asking Questions Matter When Federal Employees Choose Legal Representation? Federal employment law isn’t just complicated—it’s a maze of overlapping statutes, agency rules, and appeal processes that don’t function like state or private-sector employment laws. The Civil Service Reform Act, the Whistleblower Protection Act, the Rehabilitation Act, and Title VII of the Civil Rights Act each establish different rights and procedures—and how they interact can be anything but straightforward. Successfully navigating the distinct procedures of the Equal Employment Opportunity Commission, Merit Systems Protection Board, or Office of Special Counsel requires more than general employment law knowledge. It demands a lawyer who is experienced specifically within the federal system. That’s why asking the right questions before hiring an attorney is critical. You don’t want someone who “dabbles” in federal employment law—you need a seasoned professional who understands the important questions of employee relations and labor laws as they apply to federal workers. Hiring the right attorney is about more than checking credentials. It’s about trust. The best lawyers will welcome your questions—not dodge them. They know you’re under stress. They’ll meet you there and walk with you through it. If you consult with an attorney who refuses to answer your questions or gives you the run-around, it’s a sign they are not the right attorney for your cause. Important Questions to Ask Your Federal Employee Lawyer at the First Meeting Before you commit, prepare. Bring a list of questions that cover your areas of concern. Listen carefully, not just to answers but to tone and demeanor. Here are just some of the essential questions to ask your federal employee lawyer before deciding to move forward: These are only a starting point. From there, ask questions you feel are essential to your specific case. Trust your instincts—if the lawyer’s answers inspire clarity and confidence, you may have found the advocate you need. Additional Questions to Ask an Employment Law Attorney for Ongoing Cases or Complex Situations If you’re already in a legal proceeding or dealing with multiple issues simultaneously, your questions should dig deeper. Potential issues to raise could include: These more advanced questions can help you evaluate whether your lawyer sees the whole picture in your case. Take the First Step Forward: Choose The Federal Employment Law Firm of Aaron D. Wersing PLLC The Federal Employment Law Firm of Aaron D. Wersing PLLC exists to serve people just like you. We don’t just handle federal employment disputes—we live and breathe them. Our founder, Aaron D. Wersing, has years of experience helping hundreds of federal workers across the country reverse unjust suspensions, secure medical accommodations, beat retaliation, and reclaim their careers. We know federal employment inside and out and are prepared to work to keep our clients informed and empowered from day one. You don’t have to walk this road alone. Reach out today for a confidential consultation. Let us show you what skilled, strategic representation looks like.

May 27, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Category Name

Appealing a Federal Employment Termination

For federal employees, losing a job can feel like having the ground ripped out from under you. One day, it’s business as usual, and the next, you’re holding a termination letter, wondering how everything changed so quickly. Many employees naturally want to exercise their rights as government workers and challenge their agency’s decision. However, appealing a federal employment termination can be complicated. This blog post will explain what federal employees should know about their rights when facing termination. We’ll cover who can challenge a firing, what the appeal process involves, and how long you have to take action. Can I Appeal My Federal Employment Termination? Generally, yes. Federal employees can appeal terminations—but only under specific circumstances. The federal workforce is governed by complex laws that protect certain employees from unfair or unlawful termination. To have the right to appeal a federal employment termination, you generally must: If you meet these criteria, you may be eligible to file an appeal with the Merit Systems Protection Board (MSPB). You may also have the right to bring a complaint of discrimination to the Equal Employment Opportunity Commission (EEOC), or appeal the removal through your union’s grievance procedure. Understanding which route applies to your situation is critical when appealing a federal employment termination, as often the forum chosen first will become the only forum allowed. The laws governing federal employee terminations can be highly technical, so consulting an experienced federal employment attorney is often a wise step, and this post certainly cannot cover all aspects of appealing a termination. How Do I Appeal a Federal Employment Termination? Federal employees typically have several options when appealing a federal employment termination. The right path for you depends on the circumstances of your termination. Let’s look at two of the primary routes employees can use. Filing an MSPB Appeal The MSPB is the primary body that handles appeals for federal employees facing termination for misconduct or performance issues, once their probationary period is completed. To file an MSPB appeal, you must follow these steps: When appealing a federal employment termination, the form for an MSPB appeal must be completed correctly to avoid delays or dismissal. If the MSPB denies your claim, you may have the option to request a review by the full MSPB Board. Filing a Union Grievance If you are a union member, you may be able to use your collective bargaining agreement’s negotiated grievance procedure to challenge your termination. Under this route, the claim is between the union and the agency, and outside counsel can generally only represent your side with the union’s approval. Common federal employee grievance examples include terminations based on alleged misconduct, unfair labor practices, and similar violations. Union grievance procedures typically involve: Your grievance process should be outlined in your collective bargaining agreement. However, choosing this route may waive your right to an MSPB appeal. Can I Appeal My Termination Through the EEOC If I Believe It Was Discriminatory? Yes. If you believe that your federal employment termination was based on discrimination related to race, color, religion, sex, national origin, age, disability, or genetic information, you may have grounds to file a complaint with the EEOC, even if you are a probationary employee. To do so, you must contact your agency’s Equal Employment Opportunity (EEO) counselor, who can begin the complaint process. What Evidence Do I Need to Prove My Termination Was Discriminatory? Proving discrimination requires supporting evidence, including: If you establish that your termination was motivated by unlawful discrimination, the EEOC can order reinstatement, back pay, and other damages. How Long Do I Have to Appeal My Termination? Different appeal options come with strict deadlines, outlined as follows: Missing these deadlines can prevent you from appealing a federal employment termination letter, so acting quickly and seeking legal guidance is crucial. Defending the Rights of Federal Employees Nationwide At the Federal Employment Law Firm of Aaron D. Wersing, we understand how intimidating it can be to challenge an unfair dismissal. That’s where we come in. Attorney Aaron Wersing has spent years helping federal employees in Houston and nationwide navigate complex termination appeals. With extensive experience supporting employees through MSPB cases, EEOC complaints, and union grievances, our team knows how to build a strong case to protect your career and financial stability. If you’re considering appealing a federal employment termination, contact our office today to learn more about how we can help. Resources:

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