Jan 23, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Workplace Discrimination

Parental Status Discrimination in the Federal Government

Parental discrimination in the workplace is less common than most other forms of discrimination. It was only definitively banned in 2000 when then-President Bill Clinton signed Executive Order 13152. Despite that ban, parental status discrimination continues to occur. Moreover, parental status discrimination also frequently comes with pregnancy discrimination—so it’s prudent to educate yourself on its definition. You should also review at least one parental status discrimination example so you have an idea of what it looks like in the real world.  As federal employment attorneys, one of our primary goals is to educate federal employees about potential infringements on their rights. We’ll begin this article by reviewing the federal definition of parental status discrimination. We’ll then go through examples of parental status discrimination and discuss when it is wise to obtain legal assistance. If you have additional questions about parental status discrimination after reading this article, contact us today.  What Is the Definition of Parental Status Discrimination? Parental status refers to whether a person has a child or children. It includes biological parents, step-parents, adoptive parents, guardians, foster parents, and custodians of minors. Parental status is essential in discussions about family. Executive Order 13152 defines “status as a parent” to refer to anyone who is a parent of a minor or an adult who has a mental or physical disability. The word parent refers to: It also includes anyone who is trying to obtain custody or adopt a child or disabled adult.  On the other hand, the word “discrimination” refers to any negative treatment of a federal employee based on such status. This can include:  Finally, discrimination includes acts that can contribute to a hostile work environment, like slurs, inappropriate jokes, threats of violence, and lewd comments. Discrimination can be overt or subtle. In either case, it undermines the fundamental principle of equality by imposing disadvantages on certain groups because of their personal characteristics rather than their job performance. Parental Status Discrimination Example John, a dedicated federal employee at the U.S. Environmental Protection Agency (EPA), has worked there for seven years. He is known for his hard work and has consistently received positive performance reviews. John and his wife recently adopted two young children. To balance his work and new family responsibilities, John requested a flexible work schedule, a benefit that his agency offers to all employees.  John’s immediate supervisor, Susan, approved his request initially. However, John noticed a significant change in how Susan treated him compared to his colleagues over the following months. Despite John’s continued high performance, he realized his supervisor was leaving him out of important project meetings. Also, he discovered his chain of command was no longer considering him for roles on high-profile projects that were crucial for his career advancement. Instead, John’s management began offering these roles to co-workers who were not parents or whose children were older. Just last week, John experienced two troubling incidents with Susan. On Monday, Susan casually remarked that John might be “too busy with the kids” to take on additional responsibilities during a department meeting. On Thursday, Susan passed over John for a team lead position on a high-profile project. When John inquired about this, Susan mentioned that he already had enough on his plate with his family. Should I Obtain Legal Help? The behavior in this parental status discrimination example is just one of countless possible scenarios involving that kind of behavior. If you think you or a loved one are receiving different treatment because of your parental status, there are several signs you should obtain legal counsel:  Even if you’re not sure whether you’re experiencing parental status discrimination, it’s better to err on the side of caution. Consulting an attorney can help you prevent the situation from escalating further.  Let Us Help You Find Your Path Forward Dealing with parental status discrimination is generally a bewildering and unexpected ordeal. But remember, you can hire a powerful advocate to help you surmount this situation. Having a skilled attorney can be a game-changer in defending your rights and saving your career. Here at the Federal Employment Law Firm of Aaron D Wersing PLLC, our focus is solely on federal employment law. That means we’re deeply familiar with relatively obscure types of discrimination, including parental status discrimination. When you set up an appointment with us, we can assess whether your employer is discriminating against you and provide you with an overview of your legal options.  Don’t hesitate to reach out. Give us a call today or contact us online to arrange an initial consultation and learn how we can assist you.

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Dec 19, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

How to Prove Wrongful Demotion As A Federal Employee

If you have suffered an unfair demotion at work, then a wrongful demotion lawsuit will be your best bet for clearing your name and getting your career back on track. But before you begin your lawsuit, it’s vital to know how to prove your claims. As Sun Tzu once wrote, “Victorious warriors win first and then go to war.” There are two primary ways to prove wrongful demotion as a federal employee. The first is by showing that the government did not have just cause to remove you. The second way is by proving that your employer demoted you for illegal reasons, like discrimination or retaliation. Read on to learn more about these pathways and their respective legal requirements. If you have more detailed questions after reading this article, contact one of our outstanding federal employment attorneys.  How to Handle an Unfair Demotion Handling an unfair demotion is difficult under any circumstances. However, your strategy depends on how far along you are in the disciplinary process. As a brief reminder, there are three main stages of the disciplinary process:  1. Responding Before Your Employer Officially Proposes a Demotion Many employees have no idea that their employer is about to propose their demotion. However, there are other situations where you know that some kind of action is coming. If you are currently in this situation, make sure you document all interactions with your employer. Save copies of any relevant emails and journal any notable conversations. Continue doing this throughout every part of the disciplinary process.  Furthermore, consider scheduling a meeting with your supervisor or human resources team to discuss the alleged issue and potential alternatives. Hiring a legal representative for this kind of meeting can be a great way to show your employer that you want to resolve the situation and are willing to stand up for your rights. With timely action, many disciplinary actions can be delayed or even canceled. 2. Responding at the Proposal Stage By now, your employer is officially attempting to remove you. Fortunately, the law provides you with several protections. Due process requires that your employer first give you 30 days advance notice of its intent to demote you. They must do this in writing via a proposal letter. A proposal must include the following information to meet due process requirements: Make full use of all of these rights. Check whether the proposal letter meets all due process requirements. After that, carefully review the evidence. Does the proposal include objective evidence or just second-hand eyewitness accounts? Does anything suggest that you are getting treated differently than your colleagues?  Next, hire a legal advisor to help you craft a thorough oral and written reply. This reply may prove vital in convincing the deciding official not to demote you. 3. Responding After the Final Decision Letter After a minimum of 30 days, your employer will issue a final decision letter. In this letter, the deciding official can either uphold the penalty, mitigate it, or cancel the action entirely.  If you have received a decision letter upholding the unfair demotion, then you have the right to appeal the action to the Merit Systems Protection Board  (MSPB). Appeal your unfair demotion with the board within 30 days of the decision letter date. After that, hire an attorney to discuss how you will argue your case.  Legal Standards at an MSPB Hearing In an MSPB hearing, the burden is on your employer to justify their actions. If the demotion was related to misconduct, then your employer must prove by a preponderance of the evidence that you committed the alleged conduct. They must also demonstrate that there is a nexus between your alleged misconduct and the efficiency of the federal service. If they cannot meet this burden, then the judge will overturn or mitigate your demotion. Even if the agency meets its burden, you have the opportunity to defend yourself by raising affirmative defenses. There are two main types of affirmative defenses: You can also argue that the agency’s decision was not in accordance with the law in some other way. If you can prove your affirmative defense by a preponderance of the evidence, then you will prevail even if the agency proves you committed the alleged misconduct. Can There Be Compensation for a Wrongful Demotion? Yes. If you succeed in your appeal, the MSPB can award you back pay, compensatory damages, and attorney’s fees. It can also reinstate you in your previous position. Contact Our Federal Employment Attorneys to Help You Handle Your Unfair Demotion Here at the Federal Employment Law Firm of Aaron D. Wersing, each one of our attorneys has a proven track record of effective litigation on behalf of federal employees. We’ve tackled all kinds of MSPB appeals, including ones for unfair and improper demotions. Thanks to our experience, we can work with you to identify an effective litigation strategy that maximizes your chance of a successful appeal. Along the way, we’ll provide you with sterling client service. Reach out to us today to schedule an initial appointment. 

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Dec 15, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

PTSD Reasonable Accommodations for Federal Employees

Once called “shell shock” or “battle fatigue” because of its association with the trauma of military combat, post-traumatic stress disorder (PTSD) has emerged as a growing mental health issue across the country. Statistics from the National Institutes of Health suggest that almost 4% of the U.S. adult population grappled with PTSD within the last year. Characterized by recurring nightmares, flashbacks, and an aversion to certain stimuli, PTSD is not merely a psychological abstract. It’s a tangible disruptor of everyday functionality. The good news for federal employees with PTSD is that they have a right to reasonable accommodation through the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA). In this piece, we’ll unpack PTSD’s status under the Rehab Act and the ADA. We’ll also discuss PTSD reasonable accommodation examples. Contact our outstanding federal Equal Equal Employment Opportunity Commission (EEOC) reasonable accommodations lawyers to receive personalized legal advice.  Is PTSD an ADA Disability? “Is PTSD covered under the ADA” is probably your first question when it comes to this issue. It is undoubtedly the most common question we receive on this topic. The short answer is almost always yes.  Fully understanding this answer requires us to delve into the history of reasonable accommodation. The Rehabilitation Act of 1973 was the first law to obligate federal agencies to provide reasonable accommodation. However, there was some ambiguity on what constitutes a disability. While the ADA extended the rights to reasonable accommodation to private-sector employees, the controversy over the definition of a “disability” continued. Finally, Congress passed the ADA Amendments Act of 2008 (ADAAA) to expand the definition of disability and create a universally inclusive work environment. The ADAAA’s position is clear: any impairment that substantially impacting one or more major life activities warrants disability status. Given that major life activities include activities like working, thinking, and interacting with others, PTSD is undoubtedly a disability.  PTSD Reasonable Accommodation Examples Federal employees with PTSD have ample flexibility when it comes to requesting a reasonable accommodation. Ultimately, the best accommodation for you depends on your position’s core duties and specific symptoms. That said, here are a few PTSD reasonable accommodations: Curious to learn whether another kind of accommodation is possible for you? An experienced federal employment attorney can assist.  Requesting an Accommodation for PTSD: Simplicity in Action Submitting a reasonable accommodation request is refreshingly simple compared to other legal processes. All you have to do is make a simple statement that you need accommodation because of a mental or physical condition. A request could be something such as communicating that you need to work from home because of your PTSD symptoms. Once you share your need for an accommodation, you trigger an interactive process involving you and your employer. Both sides collaborate to find an ideal accommodation that meets your needs while not presenting an undue burden to your employer.    Are There Complex PTSD Accommodations? Yes. Many of the accommodations we mentioned earlier also suffice for complex PTSD (CPTSD). However, they’re not the only ones. Employees can request any accommodation that allows them to perform their job duties and is not an undue burden for their employer.  Start Your Reasonable Accommodation Journey with the Best Legal Team A qualified group of attorneys can help you transform your reasonable accommodation ideas into reality. Fortunately, our attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, are ready and willing to partner with you.  When you work with us, we’ll help you submit your request and articulate your ideal accommodations. We can also interface with your healthcare team to collect compelling medical evidence. Then, we negotiate with your agency’s human resources or reasonable accommodation team. We’ll even initiate legal action to get you the reasonable accommodation you deserve.  Don’t wait. Start your journey towards a better work-life by calling us today or contacting us online.

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Dec 13, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | FERS Disability

What Is FERS Immediate Retirement Fund?

The Federal Employee Retirement System (FERS) is the primary retirement system for federal employees. Federal employees under FERS have several retirement options, including disability retirement, early retirement, and immediate retirement. In this piece, we’ll explore FERS immediate retirement in greater depth. Specifically, we’ll discuss the immediate retirement fund and how to fill out the required FERS retirement forms. Contact our talented employment law firm if you have any questions or need legal assistance with your retirement application.    Understanding the Basic Eligibility Requirements for FERS Immediate Retirement  The Office of Personnel Management describes immediate retirement as an annuity that starts within 30 days of your last work day. It is one of five retirement options under FERS. The others are early, disability, regular, and deferred. Not everyone is eligible for immediate retirement. Instead, there are age and experience requirements you must meet to qualify. If you have at least 30 years of eligible government service, you can retire at the government’s minimum retirement age (MRA). The MRA varies according to your year of birth. Those born before 1948 have an MRA of 55, while those born after 1970 have an MRA of 57. As this OPM chart shows, if you were born between 1948 and 1970, your MRA will be between 55 and 57.  If you have 20 years of eligible service, you can retire at 60. And if you are 62, you can obtain immediate retirement after only five years of eligible government service. Although you can technically obtain immediate retirement with only ten years of government service once you arrive at your MRA, it will not be a full benefit. Instead, it will be reduced by 5% for each year that you are under 62.  Completing an Application for Immediate Retirement (FERS) The essential form for an immediate retirement application is Standard Form (SF) 3107. There are several parts to the SF 3107, and completing it requires your agency’s involvement. Fortunately, the form comes with instructions, and you can complete the main portion of the form yourself. However, you’ll need to know: Your agency will complete a copy of SF 3107-1, a certified record of your federal service.  If you select a spouse to receive benefits, they must submit a copy of SF 3107-2 to certify their acceptance of the annuity arrangements. Do I Need a Lawyer to File for FERS Immediate Retirement? No. It is possible to complete your FERS application on your own. That said, having an attorney significantly eases the application process. There are several reasons for this. First, an attorney can help you understand your eligibility for immediate retirement under FERS, including age and service requirements. They can also assist in calculating your retirement benefits so that you completely understand your entitlements. Once you are ready to apply for retirement, an attorney can review your application for errors or complete it themselves. This reduces the chance that you will face delays or a rejected application because of an accidental oversight. Moreover, an attorney can interface with your agency to streamline the application process. This service is essential because agency staffing departments regularly fail to complete a copy of SF 3107-1. Or they respond slowly to incoming applications unless there is an outside party prodding them along.  In the worst scenarios, agencies can sabotage your retirement application because of illegal discrimination and retaliation. An attorney can rectify this issue by holding your agency accountable and initiating litigation if necessary. We’re Ready to Give Your Career the Stellar Ending It Deserves After years or decades of dedicated government service, the last thing you want is a big fight over your retirement. Whether you need assistance understanding your anticipated annuity or help pushing your application along, the Federal Employment Law Firm of Aaron D. Wersing, PLLC, is standing by. Because we represent federal employees exclusively, we have extensive experience with various retirement applications. We also prioritize client communication and representation. When you work with us, you’re not just a number. You’re family. Call us today or contact us online to set up your first appointment.

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Nov 21, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Discrimination

Understanding Religious Discrimination in the Federal Workplace

Religious freedom is one of the greatest liberties in American society. Thanks to the First Amendment and the Civil Rights Act of 1964, Americans may practice their religious belief (or non-belief) without fear of religious discrimination in the workplace. Consequently, if you think you are experiencing religious discrimination, you should contact a federal employment attorney right away. What Is Religious Discrimination? Most Americans understand that religious discrimination is prohibited by law. Not as many understand religious discrimination’s exact definition as it applies to the federal workplace.  Put simply, religious discrimination is any negative treatment of an employee or applicant because of that employee’s religion. In the workplace, religious discrimination is legally prohibited across all facets of employment. This encompasses hiring, firing, compensation, job assignments, and the classification of employees. Additionally, harassment based on an individual’s religion is strictly forbidden. The prohibition against religious discrimination is very broad. In fact, religious discrimination law protects not only adherents of major global religions like Christianity, Judaism, and Islam. It also shields those who follow little-known faiths and all those who have any kind of sincerely held religious or moral beliefs. This means that atheists and agnostics are also protected against religious discrimination in the workplace.  Title VII of the Civil Rights Act of 1964 forbids religious discrimination in any and all aspects of employment. This includes things like hiring, firing, compensation, promotions, training, work schedule, and job assignments.  The definition of religious discrimination includes harassment as well. Religious harassment refers to several different offensive behaviors aimed at someone because of their religion, including: However, any demeaning behavior that creates an objectively hostile or offensive work environment constitutes harassment. On the other hand, simple teasing and isolated incidents do not usually constitute illegal harassment. Unfortunately, there are situations where it can be difficult to tell if you are experiencing harassment. A knowledgeable federal employment attorney can help you make sense of your situation and move forward.  Examples of Religious Discrimination in the Workplace Religious discrimination is distressingly common. According to a 2019 Pew Research study, over 80% of Americans believe that members of at least one religion experience religious discrimination. Specifically, 82% of Americans said that Muslims experienced at least some religious discrimination, and 50% believed that Evangelical Christians were the target of at least some religious discrimination.  Yet what does religious discrimination actually look like? Here are a few examples of religious discrimination and harassment in the workplace: These are just a few examples. A qualified federal labor law attorney can help you understand if your situation constitutes religious discrimination or harassment.  Looking to Learn More About Religious Discrimination in the Workplace? Religious discrimination is no joke. It can cause isolation, depression, and burnout. It can be easy to feel defeated when you’re subjected to religious discrimination every day. But there’s good news. You have rights.  At the Federal Employment Law Office of Aaron D. Wersing, PLLC, our passion is helping federal employees stand up for their rights. We believe that no employee should have to deal with religious discrimination. Unlike many other firms, we focus exclusively on helping federal employees, which means we know what we’re doing.  Together, we can help you fight back against the discriminatory actors in your work environment. We can also help you receive just compensation for the losses you’ve experienced because of religious discrimination.  People are often reluctant to hire an attorney because they are anxious about money. We understand that, and we don’t want money to keep you from reaching out to us. There’s nothing to lose by giving us a call today at (866)612-5956 or contacting us online. Don’t wait. Let us help you!

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Nov 20, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Harassment

What Is Quid Pro Quo Sexual Harassment for Federal Employees? 

Federal law recognizes several kinds of sexual harassment. One category encompasses comments and behavior that target a person because of their sex. Another type involves unsolicited or unwanted sexual advances. In this article, we’ll zero in on quid pro quo sexual harassment, which is when someone at work offers you something in return for doing a sexual act for them.  Quid pro quo sexual harassment is often emotionally traumatizing and overwhelming for the victim. If you believe you’re facing quid pro quo sexual harassment, you must understand precisely what it is and how to respond. We’ll cover those topics and more in this piece. If you need more assistance after reading this page, contact a federal employment attorney immediately.    What Is Quid Pro Quo Sexual Harassment? “Quid pro quo” is an old Latin phrase meaning “something given or received for something else.” Hence, quid pro quo sexual harassment occurs when someone at your work approaches you and demands sexual favors in exchange for something work-related. The harasser may promise you a promotion or pay raise if you deliver a sexual favor. Another typical example of quid pro quo sexual harassment is one in which the harasser threatens to hurt you or your career unless you do what they want. Whichever form quid pro quo sexual harassment takes, it constitutes illegal federal workplace harassment under Title VII of the Civil Rights Act of 1964. How to Prove Quid Pro Quo Sexual Harassment  Quid pro quo sexual harassment cases require establishing specific elements to hold your federal employer legally accountable. These elements may vary slightly depending on the case, but they generally include the following: Keep in mind that the law protects both existing employees and job applicants. Therefore, you can bring a quid pro quo sexual harassment claim if an agency official promises you employment if you give in to their sexual advances. Proving the Elements You can use different evidence to prove the elements of a quid pro quo claim. Examples include documentary evidence, such as emails, memorandums, informal notes, and meeting minutes. Statements from witnesses are also incredibly valuable, as are video and audio recordings. One of the best ways to prevail in your sexual harassment claim is always to make notes of any incidents of sexual harassment. Hiring an attorney also helps you collect valuable evidence because employment attorneys have the tools to obtain useful information from your employer.     Our Federal Employment Attorneys Can Help You Obtain the Compensation You Deserve Nobody should have to deal with sexual harassment, especially in the federal workplace. So, when sexual harassment happens, you must act quickly to hold the wrongdoer accountable. To maximize your chances of succeeding in your legal battle, get legal help immediately.  However, you shouldn’t go for just any attorney. There are many specialties of law, so one person can’t be an expert in every field. As you can imagine, a tax attorney will be of little assistance to you in a sexual harassment case. Instead, go with a group of dedicated, passionate federal employment lawyers. Reach out to the Federal Employment Law Firm of Aaron D. Wersing, PLLC. Unlike most other firms, we take on only federal employment cases. On top of that, we have decades of experience vindicating the rights of employees and holding harassers accountable. Together, we can work to stop the harassment, bring peace of mind, and restore your career. Simply give us a call or visit our website to schedule an initial consultation and explore how we can help.

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Nov 17, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Federal EEOC

Filing an EEOC Complaint of Racial Discrimination

Racial discrimination in the workplace is still shockingly common. Federal employees submit between 20,000 and 40,000 complaints of racial discrimination every year. Countless more incidents of racial complaints either resolve at an informal level or go completely unreported. As a result, every federal employee must know what racial discrimination is. In addition, they also need to know how to respond to it by filing a formal complaint with the Equal Employment Opportunity Commission (EEOC).   If you are facing possible racial discrimination, then you’ll want to peruse this piece. We’ll first touch on what racial discrimination is under applicable law. Then, we will walk you through filing an EEOC complaint. Contact a dedicated team of federal employment attorneys today if you have additional questions or want legal advice on your specific legal situation.    Identifying Racial Discrimination Racial discrimination has been illegal in both federal and private workplaces since the passage of the Civil Rights Act of 1964. But what exactly is racial discrimination? The simple definition is any unfavorable treatment of a person in employment because of their race. While it may sound simple enough, this definition has a few nuances to understand. For one, a person’s race includes their race and related characteristics. Examples of potential racial characteristics include a person’s hair type, facial structure, or skin color. In addition, “in employment” extends to every possible facet of a person’s job. Actions that can constitute racial discrimination include: Racial discrimination often goes hand-in-hand with color discrimination, which is unfavorable treatment because of your skin color. While the two issues are very similar, there can be vital differences. Many racial discrimination cases involve racial harassment, which is offensive behavior that makes your working environment objectively hostile.    Filing an EEOC Racial Discrimination Complaint  All EEOC racial discrimination complaints begin with a complaint to your agency’s local equal employment opportunity (EEO) office. It’s easy to initiate this. All you have to do is find your local EEO office’s contact information and report the discrimination to an EEO counselor. Contacting a counselor begins the information EEO complaint process. The counselor will try to resolve your claims through traditional counseling (which involves discussing your claims with your management) or mediation. You can choose which path to follow.  If you can’t resolve your complaint at this level, you will file a formal EEOC complaint with your agency. This triggers an investigation into the facts by a third-party investigator. The investigator will interview you, your management, the person responsible for the discrimination, and any witnesses to the behavior. They’ll also collect certain agency evidence. At the end of the investigation, the investigator will send you and your agency a Report of Investigation (ROI) that documents the factual landscape surrounding your complaint. You will also receive the right to request an EEOC hearing before an administrative judge or a Final Agency Decision.  Requesting an EEOC hearing with an administrative judge initiates formal litigation. It’s essential you have an attorney representing you by the time you request a hearing. The administrative judge will set an initial conference to discuss your claims and key procedural details. The judge will then allow the parties to conduct discovery and set a hearing date.  While you go through the discovery process and prepare for a hearing, you may have the opportunity to negotiate a fair settlement with your agency. Lawyers can be especially invaluable here because of their negotiation skills and experience. If you’re unable to negotiate a settlement, you’ll attend a hearing. The administrative judge will hear evidence from both parties and determine whether your claims have merit. You can choose to appeal an unfavorable decision.  Get the Experienced Legal Assistance You Deserve. As you can see, the EEOC complaint filing process is complex. It takes months or years to resolve and involves many specific deadlines and procedural requirements. Failure to abide by these deadlines can torpedo your case and jeopardize your career.  To ensure you get the best outcome possible, contact the team at the Federal Employment Law Firm of Aaron D. Wersing. Our entire practice revolves around defending the rights of federal employees. That means we know how to effectively assess your legal needs and brainstorm the best strategies for resolving your case. Furthermore, it costs nothing to have an initial consultation with us. Call today or visit our website to get going.  

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Nov 15, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Federal Employee Performance Improvement Plan (PIP)

Just like their private-sector counterparts, federal employees must meet performance standards. When federal employees fail to meet their performance standards, it can cost them their careers.  Unlike most private-sector employers, the government cannot simply fire federal employees when they begin to perform poorly. Instead, management must place the employee on a performance improvement plan (PIP). If the employee fails to perform adequately during the PIP, the agency can propose their removal from the federal service.  Read on to learn more about PIPs and how they can affect your career. We’ll discuss PIPs and the legal requirements your employer must meet when placing its employees on a PIP. If you have more questions or are in danger of going on a PIP yourself, consult an outstanding federal employment firm today. What Is a PIP? In contrast to private-sector employees, federal employees have due process rights for their jobs. This fact has enormous implications and gives federal employees significant protections. One of these protections is that agencies can only propose an employee for poor performance after the employee has: PIPs meet the second legal requirement. No adverse action is possible against the employee until they have failed the PIP.   What Should I Expect During a PIP? Let’s say your agency decides to place you on a PIP. The PIP process generally begins during a performance review. Your supervisor must inform you that your performance in one or more critical job elements is unsatisfactory. The supervisor will then issue you a letter informing you of your placement on the PIP. This letter will outline the length of the plan, your employer’s expectations, and the potential outcomes of the PIP.  During the PIP, your management will assign you tasks, monitor your performance closely, and provide continual feedback. Generally, supervisors will provide you with a written list of tasks for you to accomplish. They will then meet with you weekly to discuss what you did well and what you could improve. There are only two outcomes at the end of the PIP: success or failure. If you succeed, your agency cannot take any adverse action against you. If you fail, your agency can propose your demotion or removal. If your agency takes action against you, they must provide you with due process rights. These rights include at least 30 days’ advance notice, the right to respond, and the right to have a representative.  What Should I Do If I Receive a PIP? No federal employee wants a Performance Improvement Plan. If you do receive one, stay calm and read the letter thoroughly. Ensure the letter clearly identifies your performance failure, ties that failure to one or more critical elements of your job, and is consistent with your past performance reviews. Unclear or ambiguous PIPs can be indicative of illegal discrimination or harassment. Next, consult an attorney so you can understand the best path forward.   Performance Improvement Plan: Two Examples  Let’s consider two hypothetical PIP examples. Example #1: Larry’s Surprise Larry has worked for the Department of the Interior as an accountant for eight years. His performance reviews have always been acceptable, and he has received several awards during the past two years. At Larry’s last performance review, his manager told him that his performance in two critical elements of his job was unacceptable. He then gave Larry a PIP notice letter. When Larry asked for an example of the supposed performance failures, his supervisor said there were “countless examples” but refused to give details. Larry suspects that the PIP has to do with his decision to testify against his manager in an Equal Employment Opportunity Commission (EEOC) hearing three months ago.  Example #2: Lana’s Struggle Lana is a dedicated FBI agent with a strong record of success. However, she’s been struggling to complete her reports accurately after her mother died last year. Lana’s supervisor has repeatedly emailed her about obvious performance errors and mentioned that Lana was in danger of receiving an unacceptable rating in one of her core job duties. Consequently, it was no surprise when Lana received a PIP notice letter last week. When she reviewed the letter, she realized it was consistent with past feedback and clearly stated what Lana had to do to improve her unacceptable performance. She decided to get her act together. She hired a therapist to help her cope with the grief of her mother’s death and then dedicated herself to performing her PIP tasks correctly. Her hard work paid off, and she passed the PIP.  Don’t Fight a PIP on Your Own. Give Us a Call Today.   The Federal Employment Law Firm of Aaron D. Wersing, PLLC, is standing by to help you make sense of your PIP notice. When you consult us, we can analyze your letter, advise you of your legal options, and help you take the next steps. We strive to provide excellence in legal representation and first-class customer service. Let us help you today.  Call or visit us online to get started.

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Oct 19, 2023 | By Aaron D. Wersing | Read Time: 2 minutes | Federal Retirement

What to Know About Federal Medical Retirement

If you’re a federal government worker with a medical condition, you may be able to take advantage of the federal government’s medical retirement. Civil service medical retirement is possible if you are a civil servant with a disabling medical condition. However, your agency first needs to determine that it cannot accommodate or reassign you. If you are in the army national guard or the reserves, you will have to follow a different medical retirement process.  OPM’s Medical Retirement Definition and Eligibility Requirements According to the Office of Personnel Management (OPM), medical retirement (or disability retirement) is available for employees with disabling medical conditions who cannot work effectively for their agency. Federal medical retirement eligibility encompasses situations where employees are specifically entitled to avail of benefits from the federal government: An employee must also apply for Social Security disability benefits before applying for federal government medical retirement. Finally, they must apply for disability retirement within one year of separation.  Need Help with Planning Your Federal Medical Retirement? Medical retirement in the government is complicated. That’s true whether you follow OPM’s medical retirement process as a civil servant or the IDES process. On top of that, the federal government often makes mistakes. Even the smallest mistake regarding your medical condition could turn your medical disability retirement plans upside down.  For those reasons, if you are considering applying for medical retirement, your best choice is to contact a knowledgeable federal employment attorney.  At the Federal Employment Law Firm of Aaron D Wersing PLLC, we handle all kinds of federal employment cases. Over the years, our firm has helped many federal employees with medical retirement issues. We aim to help you access your rights as a federal employee. Contact us right away.

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Oct 13, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Discrimination

Pregnancy Discrimination Overview for Federal Employees

Treating a woman unfavorably because of pregnancy and childbirth has been against the law for decades. However, there are between 2,000 and 4,000 pregnancy discrimination claims annually in the federal workplace. While pregnancy discrimination may seem explanatory to some, it’s wise to educate yourself on what it is. Education is important if you or a loved one are facing pregnancy discrimination in the workplace.  As dedicated federal employment attorneys, it is our honor and passion to educate workers on every aspect of their rights. Read on to learn more about pregnancy discrimination in the workplace. We’ll cover the definition of pregnancy and relate the laws that protect pregnant women. Then, we’ll unpack how you can fight pregnancy discrimination.    If you still have questions about pregnancy discrimination or wish to consult an attorney, contact us right away.  What Is Pregnancy Discrimination? According to the EEOC, pregnancy discrimination occurs when employers treat women unfavorably because of pregnancy or childbirth. Pregnancy discrimination may also happen because of a pregnancy-related physical or mental disability, such as postpartum depression. The prohibition against discrimination extends to every aspect of employment. So, it’s discrimination if an employee faces negative consequences like termination or demotion because she’s pregnant or given birth. It’s also illegal for an agency to alter a pregnant woman’s work schedule, transfer her, or exclude her from meetings.    What Laws Prohibit Pregnancy Discrimination? Several laws interface together to prohibit pregnancy-based discrimination and harassment. These include: Pregnancy rights recently took a great leap forward with the passage of the Federal Employee Paid Leave Act (FEPLA). FEPLA grants new mothers and fathers up to 12 weeks of paid parental leave. Collectively, these laws give substantial rights to employees. And employers must always respect those rights.   How to Respond to Pregnancy Discrimination  Facing pregnancy discrimination at work? It’s tough, but here’s a step-by-step on how to handle it: Finally, take care of yourself. Pregnancy discrimination takes a toll. It’s essential to seek support, whether through friends or family. Your well-being is crucial. Defend Your Rights by Contacting Us Today Nobody ever imagines themselves having to deal with pregnancy discrimination. Therefore, it can be confusing and difficult to respond to. However, you’re not alone. A qualified attorney can partner with you to defend your rights and hold bad actors accountable.  At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we specialize exclusively in federal employment law. That means we’ve seen all kinds of discrimination cases, including pregnancy discrimination. On top of that, we’re passionate about defending federal employees against illegal workplace discrimination. So, let’s work together to make federal workplaces free from pregnancy discrimination.  Call us today or contact us online to schedule an initial consultation and discuss how we can assist you.

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