Dec 26, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | MSPB

Can Federal Employees Be Disciplined for Lack of Candor?

We all know that lying to your supervisor or another federal employee can lead to big trouble. But what happens when a federal employee does not lie but fails to share everything they know? Can you be punished for withholding information? The short answer is yes. The charge for this kind of situation is called “lack of candor,” and lack of candor can lead to discipline. Agencies tend to use “lack of candor” when they can’t charge an employee with the more serious charge of “falsification.” But where falsification involves a federal employee who actually lies, lack of candor federal employee centers around the employee’s failure to be forthright. While less serious than falsification, lack of candor discipline can lead to a serious black mark on your federal record, and for some employees such as law enforcement officers, can end one’s career. For that reason, you should consult a dedicated federal employment attorney if you are facing a lack of candor charge. Lack of Candor Meaning What does lack of candor mean? While it is one of the most common misconduct charges seen in the federal workplace, it is hard to describe lack of candor. A legal definition of the concept is hard to find. Lack of candor describes an employee’s failure to be truthful or forthcoming in communications with their employer. Federal agencies consider honesty and transparency essential, making this charge a serious matter. Instead, many legal practitioners treat lack of candor as a broader concept—one which involves a failure to disclose something which should be disclosed to make a statement accurate and complete. Because of its somewhat ambiguous meaning, some federal supervisors use lack of candor as a catch-all charge to throw at an unpopular employee. This behavior is especially common when a supervisor is harassing or retaliating against an employee that they do not like. What are the Elements of a Lack of Candor Charge? The Merit Systems Protection Board (MSPB) has said there are two main elements of a lack of candor federal employee charge. First, the employee must give incorrect information or incomplete information. Second, the employee must give incorrect or incomplete information knowingly. Accidentally giving an investigator information that later turns out to be incomplete or incorrect cannot lead to a valid lack of candor charge. What Is the Difference Between Lack of Candor and Falsification? As we stated above, lack of candor only involves concealing information or giving incomplete information. Falsification requires an affirmative misrepresentation, a lie. To prove a falsification charge, the agency needs to establish that you had a specific intent to deceive. But proving someone’s intent is quite difficult to do. Consequently, agencies face an uphill battle when charging employees with falsification. Unlike falsification, lack of candor does not have an intent element. All the agency has to prove is that you knew that the information you were giving was incorrect or incomplete. This is significantly easier than proving you had a specific intent to deceive. This is another reason that agencies tend to charge employees with a lack of candor rather than falsification. It’s simply easier for them to make the charge stick. How Do You Prove a Lack of Candor Charge? The standard of proof for a charge is the amount of evidence the government needs to produce to win its case. For most charges, including lack of candor, the standard of proof is preponderance of the evidence. This means the agency only has to convince a fact-finder that the alleged conduct was more likely than not to have occurred. That is a relatively low standard, making it easy for the agency to prove its case against employees without legal assistance. That issue aside, lack of candor cases almost always involve a credibility determination. In other words, it requires the judge to decide whether the employee accused of wrongdoing seems trustworthy when they give their version of the facts. The presence or absence of other evidence is also critical. Are there multiple documents with your signature that make contradictory statements? Did any witnesses hear you make two different claims at various times? These types of evidence can single-handedly change the outcome in a lack of candor case. A skilled attorney will interview witnesses and collect evidence that supports your testimony. That is one of many reasons that having an attorney at your side is absolutely essential if you have been charged with lack of candor. Are There Any Defenses to a Lack of Candor Charge? Yes. One defense is that you did not know that the information you related was incomplete or incorrect. Maybe you did not recall the information or did not fully understand the question. Alternatively, you can assert that your agency acted against you because of illegal discrimination. Illegal discrimination includes any different treatment based on certain protected characteristics. A few examples of protected characteristics include race, sexual identity, gender, sexual orientation, disability, and military service. When you meet with a federal employment attorney, they will most likely ask you if you can think of similar employees who have received different treatment. If you can think of those kinds of employees, it may be a sign of illegal discrimination in your case. What Are My Rights If I Have Been Charged with Lack of Candor? As a federal employee, you have several basic due process rights. Whether your employer charges you with lack of candor or another charge, they must generally do three things. First, they must give you at least a 30-day advance notice regarding any proposed adverse action. Second, they must give you a specific and detailed description of your alleged misconduct. Third, they must give you the right to review the materials relied on to propose the action and a meaningful opportunity to defend yourself. If you do not receive these due process rights, a judge may overturn the agency’s action even if they meet their burden of proof. If the discipline is sustained, you may be able to appeal to the...

Dec 26, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Retirement

Civil Service Retirement System (CSRS) vs. Federal Employees Retirement System (FERS)

One of the greatest benefits of government work is generous retirement. The federal service includes two systems, the Civil Service Retirement System and the Federal Employees Retirement System. Because of the complexity of both systems, employees often have questions about the provisions of each one. We also commonly get asked, CSRS vs. FERS: Which is better? So to help address questions about these programs, we’ll cover the essential characteristics of both systems. What’s the Relationship Between CSRS and FERS? The Civil Service Retirement System was created in 1920 when Congress passed the Federal Employees’ Retirement Act. At the time, the government was looking for ways to attract and retain skilled workers, and retirement benefits were seen as an important part of that effort. Originally, federal employees had to contribute to their own retirement accounts, but the government also contributed to those accounts. On top of that, all CSRS retirement benefits used a unique formula that took into account an employee’s length of service and highest average salary. Over the years, the CSRS underwent a number of changes, including the addition of survivor benefits and disability benefits. However, by the 1980s, the system was facing a number of financial challenges. Many of the retirement benefits promised under the system had become unsustainable, and there were concerns about the long-term viability of the program. In response to these challenges, Congress passed the Federal Employees Retirement System Act of 1986, which established the FERS. Congress intended FERS to be more cost-effective and sustainable over the long term. FERS did not go into effect immediately. Instead, it only began to come into effect after 1984. Between the years of 1984 and 1987, employees could choose which retirement plan to join. All federal employees entering federal service after 1986 had to use FERS. Despite the creation of the FERS system, the CSRS continues to be a significant part of the federal retirement landscape. Many federal employees who were hired before 1984 still receive coverage under CSRS, so the system remains an important source of retirement benefits for millions of Americans. How Do the Federal CSRS vs. FERS Compare in Retirement Benefits? When comparing CSRS (Civil Service Retirement System) and FERS (Federal Employees Retirement System), it’s essential to note that CSRS offers the same retirement annuity for all retirees who retire at 55 or later, while FERS reduces retirement annuity for those retiring before the age of 62. Additionally, under CSRS, disability retirement amounts to 40% of the employee’s ‘high-three‘ salary. Under the CSRS system, retirement began at age 55. FERS retirement ages depend on birth year, allowing retirement between ages 56 and 60. Special retirement options exist for demanding jobs, such as law enforcement and air traffic control. The retirement annuity is calculated by multiplying the high-three average salary by a percentage factor that varies based on the employee’s length of service. The percentage factor is 1.5% for the first five years of service, 1.75% for the next five years, and 2.0% for each year of service after 10 years. Under FERS, retirement pay is composed of three parts: a basic benefit, a Social Security benefit, and a Thrift Savings Plan (TSP) benefit. The basic benefit implements a similar formula to the CSRS’s “high-three” system. However, the percentage factor is lower, usually around 1%. The Social Security benefit is based on the employee’s earnings history and the age at which they begin receiving benefits. Finally, there is the TSP, which functions like a 401k or another investment plan. Both the employee and the government contribute to the TSP over time. Meanwhile, the employee can invest their TSP funds in one of several investment opportunities. When the employee retires, they can enjoy those contributions and any returns on those investments. CSRS vs. FERS: Additional Differences and Similarities In several ways, the CSRS was a more generous retirement system than FERS. For instance, under CSRS, all retirees received cost-of-living adjustments, even if they retired young. FERS retirees typically receive a cost-of-living adjustment (COLA) only if they retire at age 62 or older. However, there are some similarities. Both CSRS and FERS offer benefits such as health insurance, life insurance, and survivor benefits. However, FERS benefits are often less generous than CSRS retirement benefits. For instance, CSRS allows all retirees to receive the same retirement annuity as long as they retire at 55 or later. On the other hand, FERS reduces your retirement annuity for anyone retiring below the age of 62. Disability retirement under CSRS is 40% of the employee’s “high-three” salary. Under FERS, the disability retirement is 1.0% or 1.1% of your high-three salary for each year of federal service you have. Thus, an employee would receive less in disability retirement benefits under FERS unless they have over 40 years of federal service. Still Curious About CSRS vs. FERS? We Can Help You with Any Federal Employment Need If you have questions about federal employment retirement plans after reading this article, that’s completely understandable. To get accurate answers, it’s best to seek out a knowledgeable employment lawyer sooner rather than later. An adept federal employment attorney can explain which retirement system you are under and how that affects your financial future. If your agency has made some kind of mistake, an attorney can intervene on your behalf and help you file a claim. However, it’s crucial to find the right attorney to ensure the best chances of success. For experienced and reliable legal representation, look no further than the Federal Employment Law Firm of Aaron D. Wersing, PLLC. Our team of legal professionals is experienced in all types of federal employment matters, including FERS and CSRS issues. We are committed to safeguarding your rights as a federal employee and ensuring you are rightfully compensated for your federal service. To schedule an initial consultation, call us today at 866-612-5956. You can also schedule an appointment with us online and read about our previous successes.

Dec 18, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | MSPB

How Many Federal Employees Win Their Cases with the MSPB?

Thousands of federal employees exercise their unique right as government workers to appeal disciplinary and adverse actions with the Merit System Protection Board (MSPB) every year. The ability to challenge an agency’s potentially unfair or unjust employment decisions is one of the most vital legal protections federal workers enjoy. However, when you’re a federal employee considering your options after a proposed demotion, suspension, or removal, it’s natural to ask a critical question: How many federal employees win their cases with the MSPB? This blog post will explain what federal employees should know about the success rate of the MSPB appeal. We’ll break down the data on MSPB cases won on appeal and clarify some important facts behind these numbers. How MSPB Appeals Work The MSPB is a quasi-judicial body that oversees job-related disputes between federal employees and agencies. When eligible federal employees face a proposed disciplinary action from their employer, they can bring it to the MSPB for review. Some of the actions appealable to the MSPB include: The MSPB ensures that an agency has acted correctly and fairly under federal employment laws and policies. It also protects civil servants from arbitrary or politically motivated discipline. Eligible employees typically have up to 30 days to file an appeal with the MSPB after an adverse action. In the process, you can offer arguments and submit evidence to an administrative judge (AJ) showing why your employer’s action was wrongful. You also have the right to hire a lawyer to represent and advise you throughout the appeal process. The AJ will review your claim and decide whether your agency’s action was appropriate. If their decision isn’t in your favor, you can file for a limited number of additional rounds of review. Rate of MSPB Cases Won by Federal Employees So, how many federal employees win their cases with the MSPB? According to MSPB data, only a few. In 2019, the agency released a report showing that federal employees won their appeals in only 3% of cases from the previous three years. The MSPB’s 2023 report suggests that this trend continues. Of the 4,135 total appeals the MSPB decided that year, only 98 saw a reversal of an agency’s original decision. That puts the MSPB appeal success rate for federal employees at 2.4% in 2023. Understanding the Data on MSPB Case Decisions The low success rate in MSPB appeals can seem discouraging. However, this statistic doesn’t tell the whole story. For one, the MSPB’s appeal success rates don’t consider cases that end in settlement. A settlement is a legal way to resolve an issue without an official ruling or decision. In it, both sides agree to terms that are generally favorable to each of them. For example, an employee appealing a proposed removal could agree to a settlement that allows them to keep their job on the condition that they meet specific performance standards over the next six months. Although settlement details vary from case to case, they often involve at least a partially favorable outcome for an employee. Additionally, many of the failed MSPB appeals are cases dismissed because of often avoidable errors. Dismissal of cases can occur because of: Of the 4,135 appeals filed in 2023, almost 3,000 were dismissed. Of the remaining cases eligible for consideration on merit, 732 ended in settlements. With this in mind, we can get a different perspective on employee success rates. Of the 1,320 cases the MSPB did not dismiss, 63.6% ended in either a settlement or an outright win for employees in 2023. Understanding the details behind the data on MSPB case decisions is essential for federal employees considering an appeal. Make no mistake: pursuing a successful MSPB appeal can be challenging. However, with thorough preparation and experienced legal support, a positive outcome isn’t as far off as initial statistics suggest. A Trusted Advocate for Federal Employees Navigating the technical and legal complexities of the MSPB appeal process can be daunting, especially for federal employees already stressed about their job security. Fortunately, you don’t have to fight this battle alone. Seeking support from a legal professional trained in federal employment law is one of the most effective ways to increase the chances of a positive outcome in an MSPB appeal. Attorney Aaron D. Wersing has spent years advocating for federal employees seeking relief from unfair or excessive actions by their agency. With hands-on experience in virtually all aspects of federal government employment, Aaron Wersing has the legal knowledge and strategic insights to help advise you at each step of your MSPB appeal. Contact the Federal Employment Law Firm of Aaron D. Wersing PLLC to learn more about your options and how we can help.

Dec 17, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Settlement Agreements at the MSPB

Appeals to the Merit Systems Protection Board (MSPB) are a fundamental right and privilege unique to federal government employees. However, challenging an agency’s proposed removal, demotion, or other adverse action can be lengthy and stressful. The settlement process offers employees and agencies a way to avoid some of the time and cost of an MSPB appeal on terms beneficial to everyone involved. This blog post will explain what federal employees should know about MSPB settlement agreements. We’ll cover the MSPB settlement process, what these agreements can include, and why federal employees should consider pursuing one. What Are MSPB Settlement Agreements? An MSPB settlement is a legal agreement between a federal employee and their agency. The purpose of the settlement agreement is to resolve the issue the employee appealed to the MSPB without further litigation. Some common disputes that often end in MSPB settlements include adverse employment actions, whistleblower retaliation cases, and benefits application denials. Where Can I See MSPB Settlement Agreement Samples? An MSPB settlement is a document detailing the agreement terms between a federal employee and an agency. Both parties consent to specific actions and obligations as conditions for ending the dispute. The specific terms of the settlement can vary widely from case to case. Since many agreements contain confidentiality clauses, finding MSPB settlement agreement samples to review can be challenging for employees. However, here are some terms and provisions they often include. Reduction or Revision of Adverse Action Settlements can offer federal employees the chance to avoid an adverse or disciplinary action proposed by an employer. For example, an employee suspended from work for 30 days for excessive tardiness could have their punishment reduced or waived. Federal employees facing termination often seek “last chance” agreements in an MSPB settlement. In these situations, an agency allows employees to continue in their jobs if they agree to meet certain behavior or performance standards. Clearing Disciplinary Record Another frequent part of a settlement agreement is removing or correcting unfavorable actions on an employee’s personnel record. In some cases, even if an employee is ultimately removed, a settlement can grant access to valuable resources for their job search, such as employer references, recommendation letters, or revised performance evaluations. Retirement Benefits Provisions involving retirement benefits are an important way for federal employees to protect their future financial security while resolving an adverse employment action. Retirement benefits in MSPB settlement agreements may include: A settlement may also include provisions designed to help employees retain eligibility for other federal benefits programs linked to retirement, such as health and life insurance. Waivers and Restrictions Beyond offering benefits, MSPB settlements also typically require employees to fulfill some obligations to their employer. These obligations could include agreeing to not: Other obligations included in MSPB settlements apply to both parties. For example, it’s common for an MSPB settlement agreement confidentiality clause to prevent both a federal employee and their employer from disclosing certain information about an MSPB appeal or its settlement. Can the MSPB Award Compensatory Damages? The MSPB can facilitate compensation to federal employees through a settlement agreement. For example, an employee could negotiate to receive financial compensation for back pay or lost benefits from their agency in exchange for waiving certain legal rights. However, the MSPB doesn’t have the power to award traditional compensatory damages to employees directly. How Do You Reach an MSPB Settlement? The settlement process can begin when a federal employee files their initial appeal with the MSPB. Generally, the employee or agency proposes a settlement offer to the other side. The two parties and their legal representatives discuss the terms and negotiate back and forth until they are all in agreement. Then, both parties sign the drafted agreement and file it with the MSPB judge for approval. Once a settlement is approved, it is a legally binding agreement. Reversal of the agreement can only happen if there’s a legal issue with the contract, e.g., one party breaks the terms of the agreement or misrepresents facts. In these cases, the other party can begin the MSPB settlement agreement rescission process to reexamine and potentially invalidate the agreement. What Is the Success Rate of the MSPB Appeal? According to MSPB data, most appeals decisions favor federal agencies, not employees. In 2023, the MSPB affirmed agencies’ original decisions in 77.9% of the appeals cases they adjudicated. Only 16.7% of the appeals cases were reversed into favorable outcomes for federal employees. The relatively low success rate on appeal makes settlement a valuable option for federal employees to be aware of. Trusted Advocates for Federal Employees Settlement agreements can be a strategic tool for federal employees to reduce the stress of an MSPB appeal. If you’re currently involved in an MSPB appeal, it’s essential to have the support of a skilled legal advocate who understands MSPB settlements and can negotiate for your best possible outcome. The Federal Employment Law Firm of Aaron D. Wersing PLLC has spent years helping federal employees navigate their rights under the complexity of the MSPB appeals process. With his knowledge and experience in federal employment law, attorney Aaron D. Wersing has helped hundreds of clients protect themselves and their government careers. Contact our office today to learn more about your rights and how we can help you exercise them.

Nov 22, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Title 38 & Hybrid Title 38: What Every Employee Must Know

Title 5 of the United States Code covers virtually all federal government employees. However, a few employees fall under Title 38 of the U.S. Code. Title 38 and hybrid Title 38 employees receive unique rights in the federal government. Both categories of employees work in the Veterans Administration and the National Institutes of Health (NIH) and have different working conditions and pay scales. Title 38 employees work in various medical professions, while hybrid title 38 employees occupy medical and scientific roles. Here, we’ll review the rights and working conditions of Title 38 employees and hybrid Title 38 employees. We will also touch on the process for appealing disciplinary action. For more specific questions relating to Title 38 and hybrid Title 38 employees, call a title 38 lawyer today. Title 38 Employees: Characteristics and Examples Title 5 outlines the key characteristics of federal employees, including their working hours, overtime rules, and pay scales. Because Title 38 employees obviously aren’t covered by Title 5, their working conditions are significantly different. Whereas Title 5 employees work during regular business hours, many Title 38 employees regularly work weekends or are on call 24/7. Title 5 employees receive pay under either the General Schedule (GS) or Executive Schedule (ES) pay systems, while Title 38 employees have several different pay scales that allow for significantly higher salaries. For instance, GS employees have a pay cap equal to the Executive Schedule level IV, which was $176,300 in 2022. In contrast, Title 38 physicians can make up to $385,000. However, Title 38 employees do not receive the same benefits as Title 5 employees when it comes to disciplinary matters. While Title 38 employees can file Equal Employment Opportunity (EEO) complaints, they cannot appeal disciplinary actions to the Merit Systems Protection Board (MSPB). This means that employers like the VA have significantly greater discretion when it comes to disciplining their employees. Finally, Title 38 employees must serve a two-year probationary period. Title 5 employees need only serve a one-year probationary period. How Do I Know If I Am a Title 38 Employee? Not all employees of the VA and NIH are classified under Title 38. To determine if you are a Title 38 employee, check whether your profession qualifies under this designation. The following professions are covered by Title 38: This is not an exhaustive list. If you have specific questions about whether your profession falls under Title 38, contact a competent Title 38 attorney today. How is a Hybrid Title 38 Employee Different from a Title 38 Employee? Certain professions within the VA and NIH have employees classified under both Title 5 and Title 38 of the U.S. Code, rather than being entirely covered by one title. These professions are called “mixed” or hybrid Title 38 employee professions. Hybrid Title 38 professions include: Again, this is not an exhaustive list. That said, if you work for the VA or NIH in one of these fields, you might be a Title 38 or Title 5 employee. The best way to know which title governs your position is by consulting your agency’s human resources department or by contacting a federal employment attorney. What Rights Do Title 38 Employees Have? Employees in both “pure” Title 38 and “hybrid” Title 38 professions have the same rights under Title 38. While Title 38 employees cannot appeal disciplinary actions to the MSPB, they receive protections from the following laws: Title 38 employees may also dispute disciplinary actions in Administrative Investigation Boards (AIBs). During these hearings, they may be represented. Want to Learn More About Title 38 and Hybrid Title 38 Employees? Do you have more questions about your rights as a Title 38 employee? Are you looking for quality legal representation to help you defend your career in AIB? Whatever your situation, we can help. The lawyers at the Law Office of Aaron D. Wersing, PLLC, have many years of experience with both Title 5 and Title 38 employees. We have helped countless civil servants protect their careers, hold bad actors accountable, and obtain the benefits they deserve. Also, we’ve practiced in every kind of federal forum, including AIBs, the MSPB, the EEOC, and federal district court. We are passionate about defending your rights and hope to provide you with outstanding customer service. Still unsure about whether you need to hire an attorney? Don’t worry. You can contact us at 1-866-612-5956 or reach out online to get started.

Nov 13, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Workplace Discrimination

Protected Classes and Federal Workplace Discrimination

The right to earn a living free of discriminatory treatment is a cornerstone of federal employment law. Since the 1960s, federal law has progressively expanded to combat unfair prejudice, intolerance, and stereotypes against various groups. Understanding these protected classes and their rights is crucial for federal employees to safeguard themselves from workplace prejudice. This blog post will explain what federal employees should know about workplace discrimination and protected classes. We’ll cover the main groups protected by federal employment law, the limits of these protections, and some forms of non-protected class discrimination. What Qualifies as a Protected Class Under Federal Employment Law? The Equal Employment Opportunity Commission (EEOC) enforces federal employment law and aims to protect specific groups of people who have historically been the targets of prejudice in the workplace. Title VII of the Civil Rights Act of 1963 (Title VII) is the primary source of these protections. However, several other federal laws govern protections for additional groups. These laws include the Age Discrimination Act, the Rehabilitation Act, the Genetic Information Nondiscrimination Act, the Equal Pay Act, and the Uniformed Services Employment and Reemployment Rights Act. Altogether, these federal laws recognize and protect the following protected classes from workplace discrimination: When federal employees face unfavorable treatment in the workplace because they belong to one of these groups, they may have grounds for a discrimination claim. Notably, an employee doesn’t have to be a minority within a class to receive legal protections. For example, an agency that repeatedly promotes less-qualified female employees over qualified male employees can face penalties for sex discrimination. Workplace harassment targeted at a government employee because of their actual or perceived membership in a protected class is also illegal under federal discrimination law. What Is Not a Protected Class in the Federal Workplace? Many people may face prejudice in the workplace because of their lifestyles, backgrounds, or physical traits. Unfortunately, not all of these people are protected by federal law. Federal employees don’t have legal protections from workplace discrimination based on: Generally, agencies are allowed to base employment decisions on factors like these unless one of these factors intersects with another protected characteristic. For example, an agency that chooses not to hire someone because of their facial hair or clothing could violate Title VII if these features are part of the applicant’s religious practice. Can You Have a Legal Claim for Harassment Not Based on a Protected Class? Yes. A federal employee can face illegal harassment even if they are not a protected class member. Generally, there are two situations when federal employees may have grounds for a non-protected class discrimination claim: whistleblowing and employer retaliation. Let’s walk through what each of them involves. Whistleblowing Whistleblowers are federal employees who report illegal, unethical, or unsafe conduct in the workplace, including unlawful discrimination. An employee legally “blows the whistle” when they speak to an internal authority (e.g., HR, a manager) or external enforcing agency (i.e., the EEOC) about ongoing discrimination against a protected group. Under federal law, it’s just as illegal to target a discrimination whistleblower with harassment or mistreatment as it is to engage in discrimination itself. This is the case even if the whistleblowing employee isn’t a member of the discriminated protected group. For example, consider a 25-year-old USPS employee who hears a manager calling an elderly coworker derogatory and insulting names based on her age. After the young employee reports the incident to HR, the manager starts harassing and sabotaging their work. Even though the young employee doesn’t fall into a legally protected class for age, the law still safeguards them from harassment as a whistleblower. They can file a complaint with the EEOC and may even seek compensation for their mistreatment. Employer Retaliation Retaliation happens when an agency punishes an employee for participating in certain legally protected activities. Federal laws specifically ban retaliation against employees who: Illegal retaliation can take many forms, including termination, pay cuts, demotion, and general mistreatment. Any federal employee can be the victim of employer retaliation, regardless of protected group status. If you face harassment after engaging in a protected activity, consult a federal employment lawyer as soon as possible. Aaron D. Wersing: Dedicated Defender of Government Workers No one deserves to have their opportunities to earn a living limited by prejudice and harassment. At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we understand the stress and uncertainty that government workers feel when navigating potential discrimination. That’s why we’ve made it our mission to help demystify the rights and legal protections federal employees enjoy in the workplace. Attorney Aaron D. Wersing has years of experience representing federal employees in disputes involving targeted harassment, discrimination, and retaliation. He’s fought for hundreds of federal employees to get justice for their mistreatment, and he’s prepared to help you. Contact our office today to schedule a consultation and learn more.

Nov 12, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Religious Accommodations for Federal Employees

Respecting diverse religious practices in the workplace is fundamental to our nation’s values. However, many government employees are intimidated or unsure about the extent of their rights when it comes to living out their religious beliefs at work. This blog post will explain what federal employees should know about their rights to religious accommodations in the workplace. We’ll discuss who qualifies for these accommodations, cover some examples of standard accommodations in the federal workplace, and offer tips for requesting an accommodation. Understanding Religious Accommodations in the Workplace The right to religious accommodations is guaranteed under federal discrimination law. Under Title VII of the Civil Rights Act, federal employers must reasonably accommodate employees’ sincerely held religious beliefs or practices. An accommodation is simply an adjustment to the job environment that allows an employee to observe their religious belief or practice in the workplace. A variety of beliefs can qualify as protected religious practices under Title VII. When it comes to workplace accommodations, the legal definition of “religion” is broad. It includes: Certain firmly held positions do not qualify as protected religious beliefs under Title VII. For example, social, political, or economic philosophies and personal preferences are not grounds for an employee to receive a religious accommodation at work. However, the law requires employers to consider accommodations for all sincerely held religious practices, even if they are newly adopted, observed irregularly, or outside the common tenets of the employee’s religion. The only legal reason an employer can refuse to accommodate a religious practice is if doing so would pose an “undue hardship” to the employer, i.e., involves a substantial financial or operational burden. Federal Religious Accommodation Examples Reasonable accommodations for religious beliefs can take many forms, depending on the specific practice, an employee’s job responsibilities, and the employer’s resources. The following are some examples of religious accommodations that federal employees frequently make in the workplace. Schedule Changes for Religious Holidays or the Sabbath Employees often request leave for important religious days outside an agency’s standard holiday schedule. Employees of religious groups that prohibit work on the Sabbath may also change their shifts to avoid certain hours on Fridays, Saturdays, or Sundays. Adjustment to Uniform or Appearance Policies Wearing specific garments like hijabs, yarmulkes, or turbans is integral to many religions. Agencies with dress codes that typically forbid scarves, head coverings, or facial hair often make exceptions for employees for whom this is a religious practice. If a garment can’t be accommodated due to health or safety issues, employers can consider other changes, such as alternate work assignments. Breaks for Daily Prayers Muslims, Hindus, and many other faiths require regular prayer at specific times throughout the day. Employees may request short breaks or schedule adjustments to observe these prayer times. Accommodation for Dietary Restrictions Employees who follow a faith-based dietary practice (e.g., kosher, halal, vegetarian, or veganism) can request alternate food options in cafeterias or at work-sponsored events. Ability to Display Religious Symbols Federal employees may want religious images or objects in their workspaces. These might include symbols, like a cross or Star of David, or quotes from a holy book. Alternative Work Assignments Sometimes, an employee’s faith may conflict with specific tasks or projects that arise in their role. For example, religious beliefs may lead a VA nurse to object to assisting end-of-life procedures or a lab technician at the Centers for Disease Control and Prevention from participating in studies involving genetic modification. Employees in these situations may request reassignment to avoid engaging in activities that go against their religious beliefs. Exemption from Faith-Based Events Employees who are atheists or agnostics may feel uncomfortable attending job-related ceremonies, training programs, or celebrations with a religious component or that are co-organized with a faith group. In these situations, employees may request not to attend these events and instead use their time to support the agency and its goals in another way, e.g., covering the responsibilities of those who attend. How to Request a Religious Accommodation Getting a federal religious accommodation under Title VII is an interactive, individualized process. It starts with a federal employee informing their manager or agency that they would like a workplace accommodation due to a religious belief or practice. This can happen in a conversation or through a written request. Putting the request in writing can be helpful to ensure proper documentation of the process. Some agencies may even have a specific form for employees to complete. In your request, it’s best to be as detailed as possible about: Your agency has the right to ask for more information to clarify the nature of your beliefs and understand how to meet your needs. The law doesn’t require them to grant you the exact accommodation you want. However, your employer must work with you to identify an accommodation that respects your beliefs and is operationally feasible. Supporting the Federal Employees’ Right to Religious Expression If you’re concerned about getting religious accommodation from your agency, the Federal Employment Law Firm of Aaron D. Wersing PLLC is here to help. Attorney Aaron D. Wersing has spent years advocating for federal workers to understand and exercise their rights as government employees. With his deep knowledge of federal law and experience negotiating with agencies over various employment disputes, Aaron D. Wersing and his legal team are prepared to support you throughout the accommodations process. Contact our office today to learn more about how we can help.

Oct 17, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Recoverable Damages in a Federal Employment Case

The opportunity to recover damages is essential in remedying the harm caused by an employer violating your work rights. Damages help keep employers accountable for oversights and misconduct and offer employees valuable financial relief for the economic and professional toll of employer wrongdoing. This blog post will give federal employees an overview of the damages available in employment claims. We’ll explain the types of recoverable damages and discuss the factors that impact them, including front pay vs back pay, noneconomic damages, and compensation limits. Understanding Recoverable Damages Under Federal Employment Law Federal law offers several types of damages to employees whose rights have been violated. The damages a federal employee can recover will vary depending on the facts of the situation and the laws that apply. Let’s look at some of the different kinds of relief available. Compensatory Damages These damages aim to reimburse an employee for losses suffered from an employer’s wrongdoing. A plaintiff can receive compensatory damages for their financial, professional, and even emotional losses, depending on the situation. Liquidated Damages These supplement compensatory damages. They’re generally available when an employer purposefully withholds wages or earned compensation from an employee. Liquidated damages are often calculated as a multiple (e.g., double or triple) of the total back pay a plaintiff recovers. Equitable Relief This relief is a remedial action a court orders on behalf of the employee. Reinstatement for wrongfully terminated employees is a typical example. Equitable relief could also take the form of court-ordered policy changes for an employer. Punitive Damages These are penalties aimed at punishing an employer for their wrongdoing. They’re generally only available when an employer acts with purposeful or reckless intentions. However, the law prohibits federal, state, or local government employees from recovering punitive damages in employment claims. EEOC Compensatory Damages Compensatory damages are often the main form of legal relief offered to federal employees who bring claims through the Equal Employment Opportunity Commission (EEOC). Their goal is to help return an employee to the situation they were in before their rights were violated. EEOC compensatory damages often include: Employees may also recover some compensation for the financial value of other benefits they lost because of a violation of their rights. Front Pay vs. Back Pay Front pay is compensation for lost future work with an employer. It’s calculated as the wages and benefits you would have received if you continued your job. Employees typically receive this when returning to their prior position is undesirable or impossible. Like back pay, it includes the value of all wages and benefits your employer offers, e.g., salary, potential bonuses, and commissions. However, calculating front pay can be trickier than back pay since it involves estimating someone’s future time and trajectory in a job role. Noneconomic Damages The EEOC also offers federal employees compensation for intangible losses that are harder to calculate. Potential noneconomic damages can include compensation for pain and suffering or emotional distress resulting from an employer’s wrongdoing. Title VII Damages Caps Employees who bring claims under Title VII of the Civil Rights Act face limits regarding the compensation they can recover. Under Title VII, the maximum damages (compensatory and punitive) available in an employment discrimination claim breaks down as follows: These caps on Title VII damages only apply to discrimination cases covered by the 1964 Act, e.g., discrimination against race, sex, religion, national origin, etc. Federal employment claims made under other laws—e.g., the Age Discrimination in Employment Act (ADEA), Rehabilitation Act, and Equal Pay Act (EPA)—may not be subject to these limits. Calculating Damages in Employment Discrimination Cases The damages a federal employee can recover can vary widely depending on the situation. Here are some of the key factors that determine the value of potential damages: Because of these factors, calculating damages in employment discrimination cases can be complex. The best way to estimate your claim’s value accurately is to consult a seasoned federal employment lawyer. Fair Compensation Starts with Skilled Representation There are many things outside your control when it comes to recovering damages. However, there’s one critical factor you can control: your attorney. When you come to the Federal Employment Law Firm of Aaron D. Wersing PLLC, you get the support of an experienced legal team who knows federal employment law inside and out. With a track record of successful litigation behind him, attorney Aaron D. Wersing has the legal skills and knowledge to fight for you to receive the maximum compensation you deserve. Contact our office by phone or online today to learn more.

Oct 15, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Artificial Intelligence in the Federal Workplace: What to Keep in Mind

Once a far-off dream of science fiction, artificial intelligence (AI) has become a regular part of life for many employees today. Thanks to the explosion of AI’s capabilities and accessibility in recent years, many employers and employees have eagerly integrated automated technology into the workplace to boost efficiency and productivity. However, despite AI’s exciting potential to improve the modern workflow, it also comes with legal and operational risks. Understanding the ongoing compliance concerns around AI at work is crucial for ensuring employees and their organizations protect themselves while achieving productivity goals. In this blog post, we’ll explain what federal employees should know about using artificial intelligence in the workplace. We’ll discuss the pros and cons of this technology and how federal law impacts the role of AI in the workplace. If you still have questions, contact our office by calling (833) 833-3529 or using our online contact form. The Current State of Artificial Intelligence in the Workplace Artificial intelligence is a form of computer technology that can perform tasks generally thought to require human intelligence. Many of today’s AI tools are trained on large amounts of data, using algorithms to “learn” to recognize patterns, solve problems, analyze language, and generate text with minimal human intervention. In the workplace, artificial intelligence can serve many different functions, including: This wealth of capabilities makes AI an increasingly valuable and popular tool for employers and employees. Potential Pitfalls Involving AI in the Workplace Despite the technological capabilities of AI, these tools have limits and drawbacks. Some basic concerns raised around integrating AI tools into the work environment include the following: With the ongoing expansion of publicly available automated and generative AI tools, many organizations are working to develop policy guardrails to avoid these risks while still reaping the benefits of this technology. Federal Law and AI As AI has become more sophisticated and widely available, lawmakers have begun to take action to respond to some of the concerns about what this technology can do. Let’s look at some current legislative and administrative attempts to regulate AI and how they could impact employees. Algorithmic Accountability Act This bill was first introduced in 2019 and is currently under consideration by Congress. It would require certain employers who use AI to study its potential impact on employees before making critical employment decisions. If passed, the bill would require companies to report any bias, accuracy, discrimination, privacy, or security concerns with a tool to the Federal Trade Commission (FTC). EEOC Guidance on AI and the ADA In 2022, the Equal Employment Opportunity Commission (EEOC) released a statement offering guidance on maintaining Americans with Disabilities Act (ADA) compliance with AI tools in the workplace. In it, the EEOC flagged the following ways that AI may put employees with disabilities at risk of discrimination: Although not yet confirmed as federal law, these guidelines offer important clarifications for employers considering using AI in hiring and recruiting. EEOC Guidance on AI and Title VII The EEOC also issued technical guidance addressing AI and potential unintended discrimination under Title VII. It specifically points out how AI as a hiring tool could perpetuate biases and prejudices in recruiting. Algorithms trained on past hiring data may base future decisions on criteria historically slanted toward specific groups. For example, prioritizing candidates based on education, geographic region, and job titles could skew toward white applicants and away from other racial groups. As a result, the EEOC recommends that employers conduct regular bias assessments of any AI tools in hiring to ensure they don’t return lower rates of candidates who are members of protected groups. Trusted Guide and Defender for Federal Employees AI is a promising tool with great potential to improve the daily lives of federal employees and agencies. However, it shouldn’t be used thoughtlessly. Although legislation seems to be a step behind technology, the misuse of AI risks opening the door to serious legal complications for federal employees and employers. If you’re concerned about AI compliance in your workplace, contact the Federal Employment Law Firm of Aaron D. Wersing PLLC. Aaron Wersing has spent years helping federal employees understand and exercise their rights under complex government employment regulations. Contact our office to schedule a consultation and learn more.

Oct 15, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

How To Find The Best Federal Employment Lawyer For My Case

Many federal employees aren’t sure where to start when it comes to qualified legal representation. There’s no shortage of attorneys focusing on employment law in almost any given city or state. However, attorneys with only private-sector employment law experience generally don’t have the knowledge and insights to support federal workers properly. Finding an advocate who understands federal employment law’s unique rules, regulations, and challenges is essential to help you protect your rights and livelihood during a workplace dispute. This blog post will guide government workers through locating the best federal employment attorney for their needs. We’ll explain some strategies for identifying qualified federal employment attorneys in your area. We’ll also discuss how to evaluate potential candidates and, ultimately, how to find the best employment lawyer for your situation. How to Find the Best Employment Lawyer for Federal Workers If you’re a government employee, the best employment lawyer for your needs will come from a federal employment law firm. Federal employment attorneys are trained in the complex regulations and unique policies that govern the federal workforce nationwide. Their knowledge is crucial when navigating various workplace issues that government workers may face, including whistleblower retaliation, Equal Employment Opportunity (EEO) claims, Merit System Protection Board (MSPB) hearings, and disability retirement appeals. Let’s look at some strategies you can use to search for firms that focus on federal employment law. Attorney Referrals Ask a trusted legal professional if they can recommend a law firm that specifically serves federal employees. Even if the recommending attorney doesn’t practice federal employment law, they may still have connections to colleagues or others with experience in the field. State Bar Association Many state bar associations have directories of members organized by practice area. Contact the bar association in your area and ask for referrals to firms or individuals in federal employment law. Federal Employee Unions If you’re a member of a federal union, ask your local office if they have a list of preferred attorneys known for representing federal workers. Many federal unions have connections to trusted legal advocates who regularly advise or serve members. Employment Attorney Websites A digital search engine can also be helpful for government employees looking for legal professionals. Even if no federal employment lawyers are in your immediate area, that’s not necessarily a problem. Since government workers are subject to federal law, an attorney or firm doesn’t have to be in your state to advise you. When examining an employment law firm’s website, watch for who they serve. Some firms may practice employment law generally and say they can help federal workers. However, your best bet is an advocate focusing exclusively on federal employment law. How to Ensure You Hire the Best Federal Employment Attorney for Your Case Finding a federal employment lawyer is just the first step. Here are some steps to help ensure they’re the best fit for your specific needs. Look into Their Background and Credentials A federal employment attorney’s website can tell you much about the firm and its experience. Read up on their education, past cases, professional memberships, awards, and any special credentialing. It’s also important to ensure they have experience in the specific area where you need help. Do they regularly serve government employees facing MSPB actions? What type of EEO claims have they handled? What kinds of results have they won for their clients? The best federal employment lawyers shouldn’t be shy about sharing their track record of successful cases. Read Reviews and Testimonials Look for testimonials from recent clients who’ve sought guidance for issues similar to yours. Law firms include these directly on their websites, but you can also find them through third-party platforms. However, when reading anonymous reviews, take what you see with a grain of salt. Disgruntled former clients or rivals can use these sites to unfairly harm a firm’s online presence. Schedule a Consultation Directly speaking to an attorney is important to ensure they’re the right advocate for you. During your initial consultation, be ready to explain your workplace issue in detail and to ask questions such as: Pay attention to how your attorney responds to your story and questions. Communication and trust are essential for any successful attorney-client relationship. Look for an advocate who listens carefully and provides honest answers to your questions about potential outcomes and costs. Award-Winning Service for Federal Employees At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we know firsthand that federal employment disputes are often complex affairs with high stakes. When your livelihood is on the line, don’t settle for generic employment advice. Attorney Aaron D. Wersing has spent years guiding federal employees through countless workplace issues, from hostile work environments to licensure disputes to MSPB actions. With his training and on-the-ground experience with federal employment policy, he has the insights to help you understand and exercise your unique rights as a government worker. Contact our office today to schedule a consultation and learn more about how we can help you.

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