| Read Time: 4 minutes | Federal Employment Law

What Is the Veterans Employment Opportunities Act of 1998

Congress passed the Veterans Employment Opportunities Act (VEOA) in 1998 to reward veterans for their service in the armed forces. Specifically, VEOA grants veterans a hiring preference, making it easier for them to get jobs in the civilian service. It provides certain retention benefits as well. VEOA also gives veterans who are federal employees or applicants for federal positions the right to challenge a violation of their rights. VEOA applies to virtually all agencies and positions within the federal government, but most people know little about it. If you are a veteran currently working for the federal government or applying for a federal position, understanding veterans’ preference and your legal rights as a veteran is vital.   VEOA: Understanding the Basics To understand veterans’ preference under VEOA, it is best to review how government hiring works. There are several services within the federal government: the Competitive Service (CS), the Excepted Service (ES), and the Senior Executive Service (SES). Each service has its own process for reviewing and appointing employment candidates. The CS includes most civil service positions in the executive branch of the federal government. For CS positions, individuals must undergo a multi-layered competitive examination process. Generally, the CS hiring process includes a written test, an evaluation of the individual’s education and experience, and an interview. The ES refers to several positions that do not use the same competitive process as CS positions. Examples include government attorneys and certain other professional roles. Finally, there is the SES, which encompasses high-ranking members of government who typically serve in leadership roles.  VEOA gives veterans’ preference for all CS and ES positions, as well as most SES positions. Veterans’ preference is expressed as a 0 to 10 point addition to any passing examination score or employment rating. Veterans’ preference does not apply to promotions, reassignments, or transfers. Many people often confuse the VEOA with the Veterans Recruitment Appointment (VRA), but the two have significant differences.  Who Qualifies for Veterans’ Preference Under VEOA? Any person with an honorable discharge or general discharge from one of the branches of the armed forces can receive veterans’ preference. Covered branches include the Army, Navy, Space Force, Air Force Force, Marine Corp, and Coast Guard. In most cases, a person must have served at least 24 months before they are eligible to receive veterans’ preference.  Most retirees below the rank of O-4 (Major/Lieutenant Commander) can receive veterans’ preference. Those who retired at the rank of O-4 or higher do not receive preference unless they have a disability. Although veterans’ preference was originally aimed at those who had served in an active war, it now applies to potentially anyone who served in the armed forces. The Point System Under VEOA There are three levels of veterans’ preference under VEOA: zero-point, five-point, and ten-point. The zero-point preference is reserved for someone who receives a “sole survivorship discharge.” A sole survivorship discharge is when a military member asks to leave the military because they are the only surviving child of their family.  Any non-disabled veteran who served honorably can receive a five-point preference. The highest level of veterans’ preference applies to any veteran (or family member) who has a service-connected disability or a purple heart.  VEOA vs. VRA It is easy to confuse VEOA with VRA, but the two operate in different ways. The VEOA grants veterans a small preference in hiring matters. By contrast, the VRA is a special hiring authority that grants agencies the ability to appoint veterans without any kind of competitive process. In other words, the applicant can get the job without needing to take any test or attend any interview.  Just like the VEOA, there are a few requirements a person must meet to be eligible for a VRA position. First, the candidate must meet all basic qualification requirements for the position. Second, the candidate must be: Unlike the VEOA, there is no service requirement. And the VRA applies only to some ES positions. It does not apply to CS or SES positions. Lastly, the VRA position must be at the GS-11 level or lower.  Want to Learn More About Veterans’ Preference? Contact a Skilled Federal Employment Attorney Today It’s only fair to recognize veterans for their sacrifice and service to the country. Yet understanding how the VRA and VEOA apply to federal positions is complicated. While you may understand the basics of VRA and VEOA, it is more difficult to evaluate whether your employment application was treated fairly. Hiring managers can easily misapply veterans’ preference or even consciously ignore it. When that happens, you have rights under the law.  Here at the Federal Employment Law Office of Aaron D. Wersing, PLLC, our team is passionate about defending the rights of veterans. We want all veterans to have a fair chance at federal employment, and we have years of experience protecting veterans in multiple legal forums. On top of that, we have a proven track record of success and a stellar reputation amongst our clients.  Even if you aren’t sure you have a case, contact us. Don’t miss your opportunity to get your federal dream job. Give us a call at 866-612-5956 or get in touch with us online. 

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| Read Time: 4 minutes | Whistleblower Claims

What Does the U.S. Office of Special Counsel Do?

The U.S. Office of Special Counsel (OSC) is a federal agency that focuses on helping whistleblowers. The OSC primarily investigates claims of whistleblower retaliation and, if necessary, takes action against bad actors. Thus, the OSC plays a critical role in protecting whistleblowers and encouraging them to report bad actors. Read on to learn more about the OSC’s methods and how to file a complaint. If you are considering filing an OSC complaint, you should contact a qualified employment law attorney first.  What Exactly Does the OSC Do? The OSC is an independent federal agency that looks into claims of government wrongdoing. It also accepts complaints from whistleblowers, protects them from retaliation, and holds bad actors accountable across the government. The OSC also investigates claims of prohibited personnel practices. This category includes things like illegal discrimination, nepotism, and forcing employees to engage in political activity. Because of its unique mission, the OSC can force federal employees and agencies to cooperate in an investigation. It can also force federal employees to testify in court and reveal important and relevant documents. A nd unlike many other federal agencies that investigate claims, the OSC protects whistleblower’s personal information.  What Kinds of Wrongdoing Does the OSC Review? When it comes to claims of wrongdoing, there are six major kinds of whistleblower disclosures that the OSC reviews: Gross mismanagement—This phrase does not include a minor mistake by your manager once in a while. Gross mismanagement exists if there is a constant pattern of arbitrary action, fraud, or abuse by your manager that has a notable economic impact.  Gross waste of funds—Like gross mismanagement, this phrase refers to significant expenses that make no sense. An expense that reasonable people might disagree about generally will not make the cut.  Violation of a law, rule, or regulation—This category is mostly self-explanatory. It does not matter whether the wrongdoer acted intentionally or not.  Censorship—OSC specifically focuses on censorship claims that have to do with scientific, technical, or analytical information. One example might be a government scientist who disputes an agency’s decision to classify environmental research about a terrible ecological threat to humanity.  Substantial and specific dangers to public health or safety—In any free country, the public has a right to know about significant dangers. So the OSC protects whistleblowers who reveal these dangers as long as the dangers are not vague or insignificant. Abuse of authority—As with gross mismanagement and gross waste of funds, there needs to be a significant degree of abuse. This may mean there is a regular pattern of abuse, or a single instance that was completely out of line.  When in doubt, it is better to come forward with a claim of wrongdoing rather than ignore it. If you are debating whether to report wrongdoing, contact a federal whistleblower attorney for guidance first.  What is a Prohibited Personnel Practice? Federal law defines 14 prohibited personnel practices (PPPs). These include the following: Asking for or considering recommendations for employment for reasons other than a person’s qualifications for the job; Deceiving or preventing someone from competing for federal employment; Coercing someone to engage in political activity, like donating to a campaign fund; Retaliating against someone for filing a complaint or exercising their rights; Retaliating against someone for reporting wrongdoing; Discriminating against someone because of conduct unrelated to their job; Taking a personnel action against a federal employee for improper or illegal reasons; Taking a personnel action that would violate a U.S. veteran’s preference; Carrying out a nondisclosure agreement or policy that does not give rights to whistleblowers; Illegal discrimination, including race, sex, gender, age, color, and national origin discrimination; Nepotism, which means hiring a person because of their family relationships rather than their qualifications for the job; Influencing someone to withdraw from competing for a government position; Giving unauthorized preference to a person for employment, either to improperly help them or improperly injure the chances of another person; and Accessing a person’s medical record, especially if doing so to further another PPP. As you can see, some of these categories are very broad. Thankfully, a qualified attorney will be able to help you determine whether your situation falls within one of these categories. How Do I File a Disclosure of Wrongdoing to the OSC? The OSC used to offer three different complaint forms online. Depending on the type of claim you were filing, you had to use a different complaint form. More recently, the OSC introduced a new form for all complaints called OSC Form-14.  You can fill out a copy of OSC Form-14 online and submit it on the OSC’s website. However, you should know that filling out a complaint in a way with the OSC that best correlates to the law is complicated. To maximize the chances of your claim being investigated, consult an attorney to help you file out the form.  We Can Help You File an OSC Complaint or Defend Your Rights Whether you’re considering filing a complaint or suffering whistleblower retaliation, you should obtain legal assistance. Many government wrongdoers will go to great lengths to protect themselves and punish anyone trying to expose their misdeeds. Intimidation and threats are all too common. On top of that, the procedures and laws surrounding whistleblower complaints are quite complex.  If you’re looking for an experienced federal employment lawyer, you have come to the right place. Our team at the Federal Employment Law Office of Aaron D. Wersing, PLLC has tremendous experience with whistleblower and PPP complaints before the OSC. We can help apply the law to your case, inform you of your legal options, and provide you with outstanding legal representation. Let’s work together to defend your rights and get your fair compensation. Time is critical, so don’t wait another second. Call us at 866-612-5956 today. You can also reach out to us online.

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| Read Time: 4 minutes | Federal Employment Law

A Guide to the Hatch Act for Federal Employees

The executive branch of the federal government and its numerous employees need to work for the benefit of all Americans. Therefore, federal employees need to maintain an appearance of political impartiality within the workplace. To help employees be impartial, Congress passed the Hatch Act of 1939. The Hatch Act places several limitations on the kinds of political activities federal employees can engage in. Running afoul of these limitations is serious and is grounds for discipline. So if you are aware of a Hatch Act violation, you should report it to the U.S. Office of Special Counsel (OSC). However, reporting a Hatch Act violation may lead to retaliation, so make sure you contact a knowledgeable employment law attorney first.  What is the Hatch Act? The Hatch Act is a law that aims to keep the din of partisan politics out of the federal workplace. At the same time, it tries to protect federal employees’ first amendment rights.  Unlawful Activities Under the Hatch Act Covered Hatch Act employees cannot do any of the following: Run for office in a partisan political election. However, federal employees can be candidates in non-partisan elections. Many local positions, like sheriff or judge, are nonpartisan.  Solicit or discourage the political activity of any person doing business with the government. In other words, federal employees need to keep politics out of their dealings with business partners of the government.  Invite subordinates to engage in partisan political activity or attend political events. Obviously, this prohibition applies to supervisors. Whatever their personal relationship with their subordinates, supervisors must avoid suggesting or recommending they go to political rallies or vote for a particular candidate.  Use their official authority to interfere with an election. For instance, military commander should not use their power to shut down a polling station.  Ask for, accept, or receive political contributions. There is a very narrow exception to this rule, but employees must meet several conditions to enjoy this exception. One requirement is that both employees be in the same labor organization. Engage in political activity while on duty, in the workplace, or in a government vehicle. Political activity includes things like wearing partisan political clothing, making political contributions, and doing campaign-related tasks. While these prohibitions apply to most employees, some types of federal employees face additional restrictions. Examples include career senior executive service (SES) employees and administrative law judges (ALJs).  Acceptable Activities Under the Hatch Act Despite these limitations, you can still do many political activities under the Hatch Act. Some of these activities include: Registering to vote and voting in partisan elections—You can vote for any person you like, even if that person is an independent or belongs to a third party.  Helping with voter registration drives—Merely encouraging people to vote does not mean they have to support a political party.  Joining and serving in partisan political groups—This means your co-worker Bob can participate in the local Democratic Party group as long as he does not ask you to join him. Attending political rallies and political meetings—This includes local town-hall meetings, candidate rallies, and even partisan presidential conventions.  Making speeches for or against candidates in a partisan election—Keep in mind, though, that you can only do this outside of the federal workplace.  Expressing your opinions about political issues—You can express your opinions about non-partisan opinions even in the workplace.  Expressing your opinions about partisan political issues or candidates—Unlike non-partisan issues, you cannot carry out this activity if you are at work or using your official authority.  This list is not exhaustive. So you may still be able to carry out some political activities, especially when you are not on duty. If you want to learn more about what the Hatch Act allows, ask a federal employment lawyer.  Which Federal Employees Does the Hatch Act Cover? The Hatch Act applies to federal employees working for the executive branch of the U.S. government. This includes the vast majority of federal employees. Just a few of the many executive branch agencies are: The Department of Defense, The Department of Education, The Department of Energy, The Department of Agriculture, and   The Environmental Protection Agency The Hatch Act does not cover employees working for the legislative or judicial branches. But it can be difficult to know which branch of government is served by which agencies. A few agencies that fall under the legislative branch are: The Government Accountability Office The Copyright Office The Congressional Budget Office The Library of Congress The House of Representatives The Senate The U.S. Capitol Police Examples of judiciary branch agencies and organizations include: All federal courts The U.S. Sentencing Commission The Federal Judicial Center The Administrative Office of the U.S. Courts Despite these exceptions, a good rule of thumb is to assume that you are covered by the Hatch Act.  Interested in Learning More About the Hatch Act? Every two to four years, the Hatch Act becomes a hot issue within the federal workplace. During those times, it can be difficult to learn about what is acceptable under the law. And on top of that, there are all kinds of misinformation and misunderstandings about the Hatch Act. If you would like to learn more about what you can do under the Hatch Act, you need to consult a good attorney.  Our team at the Federal Employment Law Office of Aaron D. Wersing, PLLC is standing by to help you. We want you to be able to exercise your political rights freely. We can also help you if your supervisor or another bad actor is violating the Hatch Act. With our team, you can rest assured you will get top-notch legal advice. Reach out today by calling us at (833) 833-3529 or contacting us online.

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| Read Time: 3 minutes | Federal EEOC

Can I Be Fired if I File an EEOC Complaint?

Everyone has the right to work in a place free from discrimination. Unfortunately, discrimination in workplaces is still a widespread issue. What’s more, tens of thousands of workers lose their jobs, are forced to quit, are demoted, and endure harassment each year because they complained about discrimination.  The Equal Employment Opportunity Commission (EEOC) reports that, in 2021, individuals filed 34,332 retaliation claims. This means that retaliation charges constitute over 56% of the total charges filed during that period.  The Federal Employment Law Firm of Aaron D. Wersing focuses on serving federal employees by investigating, filing, representing, and defending the federal EEO complaints of federal employees.  Federal Protections Against Discrimination and Retaliation Numerous federal laws protect workers against discrimination in the workplace, including:   Title VII of the Civil Rights Act,  Title I of the Americans with Disabilities Act, Rehabilitation Act of 1973 Age Discrimination in Employment Act, and Equal Pay Act. Under these and other laws, it’s illegal for an employer to treat employees differently because of their race, national origin, gender, sex, religion, disability, or other protected characteristic.  In addition to protecting workers against discrimination, the law also protects workers against retaliation. Under the law, it’s illegal for employers to fire or demote employees because they filed or helped someone else file an EEOC complaint. Can I Be Fired if I File an EEOC Complaint? If an employee files an EEO complaint against their federal agency, such as the USPS, Department of Veterans Affairs, Department of Defense, or others, it’s illegal for their employing agency to take retaliatory action. In other words, your employer can’t fire you for filing an EEO complaint, but they can fire you for nondiscriminatory reasons. For many federal employees, such a situation would lead to several avenues of appeal, and it’s important to choose the right forum to appeal a removal or other adverse disciplinary action. In most situations, a federal agency via its management attempts to cover up their true incentives for firing a worker after the worker files an EEOC complaint.  Likewise, employers may not fire a worker but instead set up workplace conditions that leave the worker with no choice but to quit. For example, your employer may “forget” to schedule you,  or they may make comments about your complaint. These practices are typically illegal if related to the EEOC complaint, and may constitute a constructive removal, involuntary resignation, or similar.  The Federal Employment Law Firm of Aaron D. Wersing is standing by to provide EEOC retaliation guidance. Proving that your federal agency fired you (or forced you to quit) because of your federal EEOC complaint can be difficult. Having a knowledgeable federal EEOC attorney on your side is critical to uncovering the evidence you need to prove your case.  How Can I Prove that My Employer Fired Because I Filed a Federal EEOC Complaint? It’s uncommon for an employer to come out and say that they are firing a worker because they filed an EEOC complaint. So, how can a worker prove that their employer fired them because of the discrimination claims?  To prove retaliation, these three basic elements need to be at play: The employee engaged in protected activity, which is usually filing an EEO complaint, but could be other actions as well such as requesting a reasonable accommodation. The agency imposed disciplinary action or other negative action, and The agency’s decision to take these actions was because the employee filed an EEO complaint. When investigating retaliation claims, the EEOC looks at the circumstances of when the employer fired the worker. The EEOC may look at the following: The timing of when you filed the complaint with the EEOC and the retaliation,  The validity or invalidity of the stated reasons for firing you, and  Other evidence that shows that the employer fired you because you filed the EEOC complaint.  Talking to an experienced attorney is critical to discovering and preserving evidence. In addition, there are strict deadlines in place for when workers must file a retaliation charge. An attorney can help you meet these deadlines. We Are Compassionate and Knowledgeable Federal Employment Attorneys You Can Trust The Federal Employment Law Firm of Aaron D. Wersing proudly serves federal employees throughout the United States out of our Houston home office and remotely throughout the country. We’ve helped hundreds of federal workers secure the relief and justice they deserve. Call us at (866) 508-2158, or contact us online today.

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| Read Time: 4 minutes | Whistleblower Claims

What Should Whistleblowers Know Before They Act?

Whistleblowers are underappreciated heroes, and calling out wrongdoing in the federal workplace is a noble action. However, it is not something you should do lightly. Before you do anything, you need to know what a whistleblower is. On top of that, it is vital that you understand your rights as a whistleblower before you act.  So if you are considering reporting wrongdoing, read this whistleblower guide carefully. We will discuss the definition of a whistleblower and the protections that a whistleblower action provides. You should also contact one of our attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC for specific legal advice regarding your situation. What Whistleblowers Should Know First: The Definition of a Whistleblower The most important thing you need to know is what makes you a whistleblower according to the law. In other words, to become a whistleblower, what actions do you need to take?  In the federal workplace, you need to make a “protected disclosure” to qualify for whistleblower protections. The Office of Personnel Management (OPM) defines a “protected disclosure” as “any disclosure of information that an employee, former employee, or applicant for employment” reasonably believes shows one or more of the following: This means that complaining about your boss’s curt comment or your coworker’s annoying personal habits will probably not rise to the level of “protected disclosure.”  However, these terms use broad wording intentionally to encompass a wide variety of other inappropriate behaviors.  When crafting these laws, Congress sought to give federal employees the benefit of the doubt in a whistleblower action. One of the ways they accomplished this goal was by requiring that whistleblowers only “reasonably believe” the information they passed along constituted evidence of misconduct. Put another way, if you disclose alleged misconduct in whistleblower action that turns out not to be prohibited behavior upon further investigation, you still receive whistleblower protection as long you reasonably believed the behavior was inappropriate.  Whistleblower Protections Federal law protects whistleblowers from any and all retaliatory “personnel actions.” But what is a personnel action? Federal law defines that phrase to include the following: Orders to undergo psychiatric testing or examination and “any other significant change in duties, responsibilities, or working conditions” are also personnel actions. That means that if your employer demotes you, changes your duties, rescinds an award, or gives you a bad performance review because of your disclosure, they have broken the law.  How Should I Disclose Wrongdoing? The law does not require whistleblowers to make a protected disclosure to a certain person. On the contrary, whistleblowers have wide latitude on how to make a protected disclosure. For example, they can disclose wrongdoing to their first-line supervisor or second-line supervisor. They can also disclose wrongdoing to their agency’s Inspector General, the Office of Special Counsel (OSC), or even Congress itself. You will receive whistleblower protections as long as you reasonably believe that your whistleblower action reveals misconduct. Can I Choose to Remain Anonymous? It depends. When you make a protected disclosure to the OSC, you can choose to remain anonymous. Furthermore, most agencies’ Inspector General offices have anonymous hotlines that you can use to make a protected disclosure. But the OSC can publicly reveal your identity if they determine it necessary because of imminent danger to public health or safety. Further, if you want to claim whistleblower retaliation, you must generally show that your whistleblowing contributed to the retaliatory action. This may be harder to show if you remain anonymous.  Can Probationary Employees Receive Whistleblower Protections? Yes. Federal employees are considered “probationary employees” for their first year of federal service. As probationers, they enjoy far fewer rights than non-probationary employees. For example, probationary employees cannot appeal adverse actions, including terminations, to the Merit Systems Protection Board (MSPB). However, probationary employees can appeal alleged acts of retaliation for whistleblowing to the MSPB. Consult a Lawyer Before You Become a Whistleblower Even though most people applaud whistleblowers, becoming one can change your career forever. Unfortunately, whistleblower retaliation is an all too common sight in the federal workplace. So before you make a protected disclosure, it’s best to reach out for legal advice from an experienced federal employment attorney.  Here at the Federal Employment Law Office of Aaron D. Wersing, our talented legal team can help you file a complaint with the OSC or your employer. We can also verify that your complaint meets the standard of a “protected disclosure” so that you can qualify as a whistleblower. With our decades of experience protecting federal employees, we know what retaliation looks like and how to fight it. So we are prepared to defend you aggressively against retaliation by your employer and protect your rights.  Don’t risk your federal career by going it alone. Reach out online or call us at 833-833-3529.

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| Read Time: 4 minutes | FERS Disability

How Do You Know If You Are Eligible for Disability Retirement Benefits?

Many people enjoy being a federal employee because of the benefits it offers. One of these benefits is a generous disability retirement package under the Federal Employee Retirement System (FERS). So if you have suffered an injury on the job, you might be considering applying for federal disability retirement.  But knowing whether you’re eligible for disability retirement benefits is not always straightforward. Read on to learn whether you might be eligible for federal disability retirement benefits. This guide will cover the basic eligibility rules and the benefits you can enjoy. If you want more specific advice for your situation, contact the outstanding team at the Federal Employment Law Firm of Aaron D. Wersing, PLLC. How to Determine Your FERS Disability Retirement Eligibility The Office of Personnel Management (OPM) is the federal agency responsible for regulating the rules for disability retirement. That means that their rules regarding disability retirement eligibility apply to most federal agencies. OPM states that you need to meet several criteria to be eligible for federal disability retirement benefits.  Federal Disability Retirement – Calculating Your Benefits  Let’s say you meet these requirements and successfully submit your application. What kinds of benefits can you expect to receive? The answer to that depends on several factors. The first one is your age. If you are over 62 years old, your annuity will generally equal one percent of your average salary from the three years you were paid the most (also known as your “high-three” salary) multiplied by your years and months of service. In other words, it’s the same as non-disability retirement for applicants over age 62. We will use an example to show you how this calculation process works. Let’s say your “high-three” salary is $100,000, and you have 10 years of federal government service. One percent of $100,000 is $1,000. And $1,000 times 10 (for your 10 years of service) is $10,000. So you’d receive $10,000 a year in disability benefits. If you are 62 years old and you have more than 20 years of government service, then you receive 1.1% of your “high-three” salary multiplied by your years of service. So if your high-three salary was $100,000 and you worked in the government for 30 years, your annual annuity would be $33,000.  But what if you’re under 62? In that case, you will get 60% of your “high-three” salary minus whatever payments you receive from social security during the first year, and then 40% of your “high-three” salary minus 60% of your SSDI benefits each year thereafter until age 62. Want to Learn More About Your Eligibility for Federal Disability Benefits? As you can see, the world of federal disability retirement is extremely complex. Knowing whether you’re eligible for retirement is just the beginning of obtaining FERS retirement benefits. You also need to fill out your application paperwork carefully, get the correct medical documentation and have a lot of patience. On top of that, federal agencies can wrongly deny your application, putting your future welfare in jeopardy.  If you want help filing your disability retirement application or if your retirement application has been denied, then you might need a federal employment attorney. At the Federal Employment Law Firm of Aaron D. Wersing, we’re dedicated to helping federal employees make full use of their rights under the law. Mr. Wersing has extensive experience with all kinds of federal employment issues, including disability retirement applications. We can also help you if your employer has rejected your application for retirement. Together, we can help you achieve the benefits you need. Worried about the cost of an attorney? Don’t be. We never want legal fees to discourage you from coming to see us. Give us a call at 833-833-3529 and tell us about your situation. You can also reach out to us online. 

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| Read Time: 3 minutes | Federal Disability

What is the Difference Between Social Security Disability and Federal Disability?

The difference between social security disability insurance (SSDI) and a disability under the Federal Employees Retirement System (FERS) isn’t straightforward. People confuse FERS disability retirement and SSDI all the time. If you think that you or a loved one may qualify for one or both of these programs, you need to understand the nuances of each. Understanding the difference is especially crucial if you are a current federal employee.  This article will review the key characteristics of both FERS disability retirement and social security disability. Contact a capable federal employment attorney today if you have any other questions.  What Are the Differences Between FERS Disability Retirement and Social Security Disability? FERS disability retirement and Social Security disability are very different. Let’s take a look at the significant differences. Difference #1: More Americans Qualify for Social Security Disability  As you might imagine and as the name suggests, FERS disability retirement applies only to federal employees covered by the FERS system. Federal employees covered by the older Civil Service Retirement System (CSRS) and private sector employees cannot receive FERS disability retirement, although CSRS employees can receive CSRS disability retirement which is similar to FERS. On the other hand, virtually any adult American with a disability can apply for social security disability benefits. Difference #2: FERS Disability Retirement Focuses on Occupational Injuries Another major difference between the two systems is how they analyze a person’s disability. Congress passed the Social Security Act to provide a general “safety net” for any American worker who became disabled. Thus, SSDI is a “total” disability benefit, which means it assesses an individual’s disability in light of their ability to do any kind of work.  Let’s use an example to clear things up. Say John Smith is a plumber injured at work, resulting in a serious disability. Because of this disability, he can no longer perform the physical aspects of his job as a plumber. However, he could do another kind of work—computer and administrative tasks, for example. In this scenario, John would probably not qualify for SSDI because he can still perform some kind of work. It doesn’t matter whether that work is similar to his original job. By contrast, FERS disability retirement is an “occupational” disability benefit.  In other words, it focuses on how an individual’s disability affects their ability to do their specific occupation. This focus makes it significantly easier to qualify for in comparison to SSDI. To be eligible for FERS retirement, a federal employee just needs to show that they cannot perform the duties of their position of record due to a disability. Although their agency can try to assign them to a different job, any potential reassignment has to have the same grade/pay level, be in the same commuting area, and involve the employee’s qualifications. Let’s pretend that our friend John Smith was a plumber for the federal government when he became disabled. To obtain a FERS disability retirement, he needs to show only that he can’t perform his duties as a plumber and that his agency can’t place him in a similar position. Even if his physical disability allows him to perform administrative tasks, his agency cannot force him into a new position that doesn’t relate to his qualifications.  Difference #3: You Can Receive FERS Disability Retirement Benefits While Working in the Private Sector Because FERS retirement is an “occupational” disability benefit, a federal employee can theoretically work a private sector position while receiving FERS retirement benefits. Yet because an employee has to be “totally” disabled (i.e., they cannot perform any kind of work) to qualify for SSDI, they cannot work and receive that benefit.  Can I Receive Both FERS Retirement Benefits and Social Security Disability Benefits? Yes. However, these benefits will not “stack” on top of each other. Instead, your FERS disability benefits will be reduced by some amount of the amount of Social Security benefits you receive. Depending on how your FERS disability benefits were calculated by the Office of Personnel Management (OPM), your monthly disability payment could be reduced by 60% or 100% of your SSDI benefits.  Get in Touch With a Federal Employment Lawyer Today We’re a compassionate and caring team of attorneys who strive to empower government employees and protect their interests. We know public servants are dedicated to serving their country and promoting the general welfare. Therefore, we believe our clients should be able to exercise their rights fully, whatever their situation. As soon as you call us, we’ll work to make sure you get the treatment and compensation you deserve. Reach out to us online or call us at 833-833-3529.

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| Read Time: 3 minutes | Whistleblower Claims

How to File an OSC Complaint Under the Whistleblower Protection Act

Most of us would like to live in a world where whistleblowers are free from retaliation. However, the cold, hard truth is that whistleblowers come under attack all the time because of their efforts to clean up the government.  Congress was well aware of this fact when it passed the Whistleblower Protection Act (WPA) in 1985. Thanks to the WPA, the United States Office of Special Counsel (OSC) has the power to protect whistleblower employees by investigating claims of whistleblower retaliation. That said, filing an OSC complaint isn’t easy.  In this article, we’ll go over how you can file an OSC whistleblower complaint and how to ensure that you’re eligible to file an OSC complaint. We’ll also touch on what you can expect from the OSC complaint process. However, if you have more questions or think that you are the target of whistleblower retaliation because you called out your government employer, contact a qualified federal employment attorney right away.  How Do I Know If I’m Eligible to File an OSC Complaint? To file an OSC complaint, you need to meet four requirements. Verifying that you meet these requirements will ensure that the OSC properly reviews your complaint and does not screen it out.  Requirement #1: Current or Former Employee of the U.S. Government’s Executive Branch The OSC doesn’t protect private sector whistleblowers. It also doesn’t have any jurisdiction over whistleblowing complaints filed by employees of the military, CIA, NSA, or FBI. Requirement #2: Protected Disclosure To qualify as a whistleblower, an employee must make a “protected disclosure.” A federal employee makes a protected disclosure when they blow the whistle on an agency action that they reasonably believe to be: Simply reporting your boss for being rude or micromanaging your team doesn’t qualify as a protected disclosure. The action or behavior that you report must fit into one of the categories listed above.  Requirement #3: Adverse Action By Agency Obviously, a claim of whistleblower retaliation requires that the employer act against the employee. Retaliation can take on many forms, including: Just threatening to take negative action against an employee also counts as an adverse action.  Requirement #4: The Agency’s Adverse Action Is Connected to Your Protected Disclosure When you submit your OSC complaint, you need to be able to demonstrate that the action your agency took against you was caused by your protected disclosure. You can prove this through emails, letters, video evidence, or even the timing between the two events.  If you meet these four requirements, you’re probably eligible to file an OSC complaint under the Whistleblower Protection Act.  How to File an OSC Complaint Under the Whistleblower Protection Act To submit a complaint of whistleblower retaliation, you need to fill out and submit a copy of OSC Form 14. Filling out the form is quite a long process. Be ready to fill in your contact information, whether you’re covered by a collective bargaining agreement, your current employment status, and the specific protected disclosures that you made. Because of the complexity of the form, we recommend that you consult an attorney to ensure that your complaint is submitted successfully.   How Long Does OSC Take to Process a Whistleblower Complaint? There’s no easy answer to this question. The time it takes for OSC to process and investigate your complaint depends on the complexity of your allegations, the amount of evidence you have, and other factors. That being said, you can expect the process to take between120 days and 240 days.   Do You Need Legal Counsel Because You’re the Target of Whistleblower Retaliation? OSC investigates whistleblower complaints as a matter of government policy. However, an OSC examiner is under no obligation to represent your personal interests. That’s why you need an attorney on your side if you’re planning to file an OSC complaint.  The Federal Employment Law Office of Aaron D. Wersing, PLLC understands the invaluable service that whistleblowers provide to our country. Our goal is to provide outstanding representation to anyone brave enough to call out injustice and wrongdoing in the federal workplace. Once one of our attorneys takes up your case, we’ll go the extra mile to defend your rights against your employer. We’ll also fight to ensure that the OSC takes your complaint seriously and properly investigates your complaint.  Still a little hesitant to contact an attorney? Don’t wait. Call us today at 833-833-3529 or contact us online.

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| Read Time: 3 minutes | Federal Employment Law

What Are My Rights as a Federal Employee if I Am Facing Suspension?

No federal employee ever imagines that they’ll face a possible suspension. Not only is it a black mark on your record, but it can also deprive you of pay for days, weeks or even months. And in most situations, a proposed suspension catches you completely off-guard. Employee suspension laws are complex, so you may not know where to turn. However, if you’re facing a suspension, there’s no need to panic or just give in without a fight. As a federal employee, you have rights. Take a moment to learn more about federal employee rights in the workplace. After that, consult an experienced federal employment attorney at the Federal Employment Law Firm of Aaron D. Wersing, PLLC right away to learn about your options.  A Federal Employee’s Rights in the Workplace A federal employee facing any punishment (including suspension) is protected by several laws that guarantee their right to due process. Depending on the length of the proposed suspension, a federal employee may receive additional rights. Under federal employee suspension laws, there are two kinds of actions a federal agency can take against its employees: disciplinary actions and adverse actions. Disciplinary actions include less serious punishments like: On the other hand, adverse actions refer to more serious punishments, like suspensions of 15 days or longer, demotions, and removals. Because the “stakes” are higher for an employee facing an adverse action, the law grants them additional employee suspension rights to protect their careers.  Rights for Employees Facing Shorter Suspensions If you are facing a suspension of fewer than 14 days, then you have the right to know why the federal agency is taking action against you. In the letter proposing your suspension, the agency needs to include a specific charge (like insubordination, inappropriate conduct, etc.). Next, It must include a detailed description of the circumstances surrounding your alleged wrong behavior, like when and where it happened. Furthermore, you have the right to receive a copy of the evidence that your employer is relying on to propose your suspension.  You have other rights as well, like the right to respond to the proposal letter. To respond, you can choose to submit a written response and/or meet with the deciding official and provide a verbal response. Finally, you have the right to legal representation. Your representative can be a friend, colleague, union representative, or attorney.  Rights for Employees Facing Longer Suspensions Federal law considers suspensions of more than 14 days to be adverse actions. That means that a federal employee facing a 15-day suspension has even more rights than an employee facing a 5-day suspension.  In addition to the rights that we just discussed, federal employees facing longer suspensions have the right to receive advance notice of the suspension. If you are facing a longer suspension, your agency needs to notify you of the proposed suspension at least 30 days before it begins. They must also allow you to work without any interruption before and after the proposed suspension. Your agency must give you a longer period—at least seven days—to respond to the adverse action. Finally, if your agency actually suspends you, you can appeal the suspension to the Merit Systems Protection Board (MSPB).  Don’t Wait. Contact an Attorney Right Away As you can see, a federal employee facing suspension has several rights. However, if you are facing a suspension of any length, it’s critical that you contact a lawyer as soon as possible. A skilled federal employment attorney can help you craft your response, analyze the government’s evidence, and determine if there were any illegal or discriminatory motivations behind the suspension. They can also help you negotiate with your employer, plead your case before a judge, and even obtain compensation if your rights were violated.   With the Federal Employment Law Firm of Aaron D. Wersing, PLLC, you can enjoy unparalleled client representation. We delight in standing up for our clients and making sure they receive only the best treatment. Additionally, Mr. Wersing has a tremendous amount of experience protecting federal employees’ rights.  Thanks to his experience and dedication, our clients are more than happy to share their success stories. Employee suspension rights is an area we focus us, so let us help you defend your rights and protect your federal career. Call us at 833-833-3529. You can also schedule an appointment online.

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| Read Time: 3 minutes | Federal Employment Law

How to Report an Abuse of Authority in the Federal Workplace

We’ve all had bad supervisors in our careers. Yet sometimes the behavior of a supervisor can cross the line into illegal behavior. Abuse of authority is one of several personnel practices that are banned completely from the federal workplace by U.S. law.  Understanding how to distinguish between legal and illegal behavior isn’t necessarily easy, however. Read on to learn more about the abuse of authority in the workplace, including its definition and several examples. If you or a loved one think you are dealing with abuse of authority in the workplace, contact a knowledgeable federal employment attorney today.  Abuse of Authority: Definition Most people understand that it is illegal for a federal employee or supervisor to abuse their authority. But what is “abuse of authority”? The definition of “abuse of authority” is an “arbitrary and capricious exercise of authority that is inconsistent with the mission of the executive agency concerned.” That definition leaves a lot of room for interpretation. As you’ll see below, abuse of authority can take many different forms.  Abuse of Authority: Possible Real-Life Examples   To help give you a better understanding of what abuse of authority can look like, consider these hypothetical examples:  Your supervisor makes fun of or humiliates you or a co-worker in front of your colleagues. A subordinate in the budget office uses their monetary authority to buy themselves office supplies or better computer equipment. Your boss passes you over for promotion and promotes your co-worker instead because they are good friends outside of work. Your colleague uses an official work vehicle to do a few personal errands and get lunch.  A manager repeatedly yells and screams at a contractor for the agency. No matter what form it takes, abuse of authority is a serious problem. It can destroy the culture of an office or workspace, crush employee morale, increase turnover, and lead to fraud and corruption. That means it needs to be reported and resolved immediately.  What Should I Do to Report Abuse of Authority? If you suspect someone in the federal workplace of abuse of authority, you should consider reporting their behavior to a trusted supervisor, human resources specialist, or your agency’s Office of the Inspector General. If you can’t think of anyone that you can trust in your agency, you can also file a complaint with the U.S. Office of Special Counsel (OSC.)  It is only fair to be nervous about blowing the whistle on your boss or colleague. But the good news is that the law protects you against retaliation once you file a complaint or report about an abuse of authority. You should also strongly consider getting legal counsel. Don’t Fight the Battle Alone. Let Us Help You Defend Your Rights While the law protects you against retaliation, it can be overwhelming to file a lawsuit against your federal agency. This is especially true when you have to cope with stress, anxiety, and mental trauma. For that and many other reasons, you should consult an attorney. A qualified attorney will be able to assess your case, help you weigh your options, and maximize your chances of winning your case.  At the Federal Employment Law Office of Aaron D. Wersing, PLLC, our team of specialists is familiar with virtually every kind of federal workplace issue. Mr. Wersing has represented countless federal employees, and he is dedicated to protecting his clients’ rights. Together, we can help you get your life back on track and hold the abuser of authority accountable. Call us at 833-833-3529 or schedule an appointment online.

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