Oct 11, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

Reasonable Accommodation for Federal Employees

Reasonable accommodation is a vital resource for federal employees with a disability. And yet, it is far from being a straightforward area of law. Because of that complexity, it’s easy for unsavory federal employers to abuse their employees’ rights through jargon and misdirection. Alternatively, inept or misguided HR offices provide misleading and false information to employees with disabilities. Either scenario can lead to unfair treatment, discrimination, demotion, and removal.    The best way to prevent these outcomes is to educate yourself about reasonable accommodation for federal employees. We’ve written this brief article to help you on that journey. We’ll touch on the legal definition of reasonable accommodation and provide several examples. What Is Considered a Reasonable Accommodation? “Reasonable accommodation” is central to federal employment and the broader employment landscape. The EEOC’s definition is any modification or adjustment to a job or the work environment that enables a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Some basic tenets of reasonable accommodation include: In essence, reasonable accommodation ensures everyone, regardless of physical or mental limitations, has a fair shot at succeeding in the workplace. Reasonable Accommodation Examples    As mentioned before, reasonable accommodation is a workplace adjustment that helps employees with disabilities perform their jobs. Here are some examples to shed light on the concept: Finally, employers can consider transferring an employee to a similar position with duties that fit the employee’s limitations.  We Can Help You Obtain the Accommodation You Need Hopefully, you now have a general understanding of reasonable accommodation for federal employees and the underlying principles. That said, it can still be difficult and overwhelming to seek reasonable accommodation from your employer. Once you initiate a reasonable accommodation request, there are additional hurdles to overcome and dangers to avoid. Consequently, it’s prudent to enlist an attorney for assistance.    The Federal Employment Law Firm of Aaron D. Wersing, PLLC, focuses exclusively on representing public servants in federal employment cases. Thanks to decades of practice, we can help you obtain the results you need. In addition, we prioritize giving our clients outstanding customer service. We want you to feel like a person, not a number. Together, we can help you obtain the accommodation you need to succeed. Just reach out to us to schedule an initial consultation and discuss how we can help with your case.

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Oct 9, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Harassment

Sexual Harassment in the Federal Workplace

Sexual harassment in the federal workplace continues to be a major issue for public servants. According to a survey by the Merit Systems Protection Board (MSPB), approximately 14% of employees experienced sexual harassment in the workplace. Given this high incidence, every federal employee must understand what sexual harassment looks like. In addition, we want to equip you with the information you need to respond effectively. Read on to learn more about the definition of sexual harassment in the workplace. We’ll also cover how to respond to sexual harassment if you encounter it. For more information, contact the outstanding legal team at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, today.    What Is Sexual Harassment in the Workplace? The Equal Employment Opportunity Commission (EEOC) broadly categorizes sexual harassment as a form of sexual discrimination that violates the Civil Rights Act of 1964. More specifically, sexual harassment involves situations where acceptance or rejection of certain sexual actions become a condition of employment, affect an individual’s workplace treatment, or lead to an unwelcome work environment. Examples of specific actions that can constitute sexual harassment include repeated unsolicited sexual overtures or demands, threats of sexual violence, and sexual gestures. What does this look like in reality? It might be continuous unsolicited sexual texts from a colleague or boss. Or it could be your superior promising you a promotion if you sleep with them. It could even be a partner at your office who keeps asking you to renew your romantic relationship despite your refusals. What Is Quid Pro Quo Sexual Harassment? “Quid pro quo” sexual harassment is a specific subset of sexual harassment that involves the transactional use of sex in the workplace.  “Quid pro quo” is a Latin phrase meaning “something given for something received.” Thus, quid pro quo sexual harassment is a promise of career benefits if a sexual advance is accepted. It can also be a threat to harm your career unless you accept a person’s sexual interest. Either way, it’s against the law and demands rapid response.   How to Report Sexual Harassment in the Workplace Whatever its form, sexual harassment is intolerable. This fact is especially true in the federal workplace, which has traditionally spearheaded advances in civil rights. Everyone deserves respect, safety, and the right to perform their duties without fear or discomfort. Reporting such incidents is not just a step towards justice. It’s also a crucial action to ensure workplaces remain respectful and productive.  That said, here’s how you can report sexual harassment in the workplace. Remember that federal law prohibits retaliation against employees who report sexual harassment or participate in an EEO investigation. If you face any retaliation, report it immediately. Defend Your Rights by Contacting Us Today Dealing with sexual harassment requires courage, grit, and patience. However, obtaining legal counsel is vital for protecting your career and rights. It also helps guarantee that your agency takes your allegations seriously. Our team at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, maintains a deep understanding of federal employment laws. We also have a strident commitment to protecting employees’ rights. Together with our decades of legal experience, we stand by to help protect you against all forms of sexual harassment.   If you or someone you know is grappling with sexual harassment issues in the federal sector, contact us today. When you schedule an appointment, we can apply our experience, compassion, and dedication to your interests. Your well-being and justice matter to us. Contact us today. 

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Sep 14, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | MSPB

What If I Miss the Deadline for Filing an MSPB Appeal?

The Merit Systems Protection Board (MSPB) appeals process is vital for defending federal employees’ rights. But as with all other legal processes, the MSPB appeal timeline is strict. For various reasons, it’s not uncommon for workers to inadvertently miss the deadline to file an MSPB appeal.  If you find yourself in this situation, don’t panic. Even if you miss a deadline, there are situations in which you can nevertheless submit your MSPB appeal successfully. We will explore some of these situations in this article. However, it’s essential you phone a federal employment attorney immediately if you miss your appeal deadline. Having legal representation may make all the difference between a triumphant appeal and a ruined career. Understanding the MSPB Appeal Deadline Process Federal employees may know that the MSPB allows them only 30 calendar days to file an appeal. However, what most people don’t know is when that 30-day window begins. Under federal regulations, the 30-day period begins either on the effective date of the action or on the date of receipt of the agency’s decision. However, if the two conditions happen on different days, then the 30-day period begins on the day the last event happens.  Let’s use an example to illustrate this point. On June 1, Joe receives a decision letter notifying him that he will be removed from the federal government on June 5 for alleged insubordination. Because the effective date of Joe’s removal is June 5, he has until July 5 to submit his appeal. Conversely, if Joe was effectively removed on June 5 but did not receive the decision letter until June 8, he has until July 8 to file his appeal.  You should also remember a key point about holidays and weekends. If the 30th day of the appeal window falls on a weekend or federal holiday, then the window extends until the next working day. So if Joe’s 30-day window was scheduled to end on Wednesday, December 25, he would actually have until the following day to file his appeal.  Exceptions to the Thirty-Day Rule Even if you miss your filing deadline, there are three situations in which the MSPB will hear an untimely appeal. The first situation occurs when a statute or regulation allows the courts to waive the deadline. For instance, MSPB regulations state that the 30-day deadline will be automatically extended to 60 days if you and your agency agree in writing to resolve your dispute with an alternative dispute resolution process, such as mediation or negotiation.  The second situation applies when the agency fails to inform you of your appeal rights. This situation happens quite often because of clerical errors or oversights in the agency decision letters. Without being notified of your appeal rights, you have little or no information about how to contest their decision. Consequently, the law will excuse your delayed filing if you can show your agency did not inform you of your appeal rights. The third and most rare exception occurs when you rely on an erroneous statement by your agency, which causes you to miss the MSPB appeal deadline. For instance, let’s imagine that a postal service worker named Jane is told by her agency that she has 45 days to appeal her removal to the MSPB appeal. She filed her appeal 38 days later, at which point she learned that the real deadline for filing an MSPB appeal was 30 days after her removal. Although Jane’s appeal is technically untimely, her delay was really the result of her agency’s misinformation.  What Do I Do If I Miss a Filing Deadline? The first thing to do if you miss your deadline to file an MSPB appeal is to get legal help. A federal employment attorney can help you explore your options. In addition, they can help you successfully petition the MSPB to waive your deadline. Second, try to determine why you did not file the appeal. Was it because you misunderstood your appeal rights? Did your agency properly inform you of the relevant deadline? Or did someone give you misinformation that led you astray? Whatever the case may be, make sure you save any relevant documentary evidence.  Did You Miss a Filing Deadline? We’ll Do Our Best to Preserve Your Rights Our attorneys at The Federal Employment Law Firm of Aaron D. Wersing PLLC are passionate about defending your rights. That means doing everything we can to give you the opportunity to appeal disciplinary action. Over the years, we have helped countless employees file successful appeals past the applicable filing deadlines. When you consult with us, we’ll help develop a strategy to try to save your case. Along the way, we will work to provide you with outstanding customer service. Contact us today so we can work together to set your MSPB appeal back on track.

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Sep 8, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | MSPB

What Does the MSPB Have Jurisdiction Over? 

The Merit Systems Protection Board (MSPB) is an independent government agency that plays a federal role in protecting the rights of federal employees. Specifically, it evaluates claims of prohibited personnel practices while also adjudicating the appeals of federal employees. Although federal employees can submit complaints to other agencies like the Equal Employment Opportunity Commission (EEOC) and the Office of Special Counsel, the MSPB is the primary group responsible for protecting federal employees against improper or discriminatory discipline. Consequently, every federal employee needs to understand what the MSPB has jurisdiction over.  If you’re currently appealing an adverse action or considering filing an MSPB appeal, you’ll want to read this article to grasp what is and is not within the MSPB’s jurisdiction. You’ll also want to reach out to an experienced MSPB attorney today to make sure your rights are protected. What Is Jurisdiction? Merriam-Webster defines jurisdiction as “the power, right, or authority to interpret and apply the law.” Jurisdiction is a powerful concept in the legal world. Before anything else, a court must have the undisputed ability to hear a claim. If the court does not have jurisdiction, then it is impossible for either party in a lawsuit to prevail. Consequently, jurisdiction is one of the biggest factors attorneys consider when they meet with a client.  The law empowers different courts with different kinds of jurisdictions. For instance, state appeals courts have appellate jurisdiction—or the power to evaluate the decisions of a lower state court. Federal courts have federal jurisdiction, while state courts have state jurisdiction. Most courts need three kinds of jurisdiction to hear a case: For specialized judicial agencies like the MSPB, there are specific limits to the kinds of appeals it can hear.  What Kinds of Appeals Are Not Within the MSPB’s Jurisdiction? By federal law, the MSPB has appellate jurisdiction over most adverse actions taken by federal agencies against their employees. However, there are many kinds of appeals that fall outside the MSPB’s jurisdiction.  Minor Disciplinary Actions The MSPB has jurisdiction to hear appeals of adverse actions. Adverse actions include things like removals, suspensions longer than 14 days, and losses of grade or pay. Short suspensions, reprimands, and letters of warning do not qualify as adverse actions. Therefore, a federal employee cannot appeal these actions to the MSPB.  Appeals Brought by Probationary Employees All federal employees undergo a probationary period when they first join the federal service. Typically, this probationary period lasts between one and two years. During this time, federal employees have fewer rights, which means their employer can fire them more easily. Consequently, probationary employees cannot file an appeal to the MSPB even if they are the target of a removal action or a long suspension. That said, there are two exceptions to this rule. The MSPB will hear the appeals of probationary employees if those employees assert that their employer disciplined them either because of their partisan political beliefs or because of their marital status.  Complaints Brought by State-Government or Private-Sector Employees The MSPB can only hear the appeals of federal employees. Every state in the US has its own unique system of evaluating the complaints and dismissals of state government employees. Accordingly, state employees must follow their state’s respective appeals system. Most private-sector employees have few or no appeal rights, though they can file discrimination and harassment complaints with the EEOC. Wondering If the MSPB Has No Jurisdiction Over Your Appeal? We Can Help. Now that you know the phrase “no jurisdiction” and its meaning, you may be curious about the consequences for your situation. Perhaps you are a probationary employee who was recently fired. Or maybe you believe your employer discriminated against you when it suspended you for seven days. While you may not be able to file an MSPB appeal, you may have other legal options.  Our attorneys at the Federal Employment Law Office of Aaron D Wersing PLLC focus solely on representing federal employees. That means they understand all the nuances of federal employment law. When you set up a consultation with us, we can help you understand your legal options and give you the five-star representation you deserve. Call us today or visit our website to set up your initial consultation.

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Sep 4, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | MSPB

When to Consider Filing an MSPB Appeal

Have you been the target of a long suspension, demotion, or removal action? If so, then you most likely have an opportunity to file an appeal with the Merit Systems Protection Board (MSPB). Participating in the MSPB appeal process is one of many rights you enjoy as a federal employee. This appeal provides you the opportunity to contest a personnel action taken against you by your employer.  Filing an MSPB appeal is a great option if you think your employer acted against you for unlawful or unfair reasons. On the other hand, filing an MSPB appeal takes ample amounts of time and planning. Many times, you may just not know what to do. This article will help you evaluate several relevant factors that can assist you with deciding your next steps. However, your best course of action is to contact an outstanding federal employment attorney like those found at the Federal Employment Law Firm of Aaron D Wersing PLLC. An Overview of the MSPB Appeal Process The first step in your decision-making process should be to understand the MSPB appeal procedures. The appeal process begins when your agency levies an adverse action against you. The phrase “adverse action” is a legal term of art that refers to any of the following: The disciplinary process begins when you receive a notice of proposed disciplinary action. However, your MSPB appeal timeline starts when you receive a decision letter from your agency, and it affects the adverse action. In most cases, you have 30 days to appeal the disciplinary action to the MSPB.  If you choose to file an appeal, you can opt to receive a hearing before an administrative judge. During this hearing, your employer will have to prove by a preponderance of the evidence that you carried out the alleged misconduct. At the hearing, you will have the opportunity to call witnesses, produce favorable evidence, and cross-examine your employer’s witnesses. The law also grants you the right to receive legal representation throughout the entire appeal process.  How to File an MSPB Appeal Another relevant factor to consider is the difficulty of actually filing an MSPB appeal. You can file an MSPB appeal by using the Board’s e-Appeal portal. Alternatively, you can complete and file an MSPB appeal form by mail or in person. However, we generally recommend that federal employees use the e-Appeal portal. In addition to being quicker and more efficient, this portal provides you with some minimal guidance on how to submit a successful appeal. Whatever path you choose, it’s vital you include all the information required under federal regulations. If you omit any of this information, then the Board will likely dismiss your appeal on procedural grounds.  Once you file your MSPB appeal, the agency will provide you with an acknowledgment order. From there, you will have an initial status conference with the administrative judge to discuss things like settlement, discovery, and the hearing date.  Can I Represent Myself in an MSPB Appeal? Yes. Nothing stops you from acting as your own representative. However, we recommend that you obtain legal counsel for several reasons. For one, it’s very difficult to navigate the MSPB’s regulations on your own. By contrast, most federal employment attorneys have years of experience representing clients before the MSPB. That means they know every twist and turn of the process. Another reason why you should obtain legal counsel is because they can apply their specialized legal training to effectively present your case before the MSPB judge. This maximizes the chances of a successful appeal, which will protect your career and reputation. Finally, having an attorney handle your case helps reduce your stress and workload.  Still Not Sure Whether You Should File an Appeal? Contact us to schedule an initial consultation. At the end of the day, it’s always better to file an MSPB appeal rather than stay quiet. Even if you believe you deserved the adverse action, an appeal before the MSPB may reveal that your employer acted for unfair or discriminatory reasons.  If you’re on the fence about filing an MSPB appeal, you should obtain legal counsel right away. As mentioned earlier, you have only approximately 30 days to file. So act quickly to make sure that you are making the right choice.  Here at the Federal Employment Law Firm of Aaron D Wersing PLLC, our top priority is protecting federal employees. We understand the overwhelming sacrifice that public servants make for their country. Because of that, we want you to be fully aware of your rights and legal options. At your initial consultation with us, we’ll review your case with you so you can make the right choice. Contact us today to schedule an initial consultation and receive the legal guidance you need.

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Aug 30, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Harassment

5 Steps to Take After Facing Harassment in the Federal Workplace

Hostile workplace harassment is any discriminatory behavior that creates an offensive work environment or unreasonably interferes with your work performance. It can take on endless forms. However, it often has the same debilitating effects. Maybe you find it impossible to get out of bed in the morning. Or suffer panic attacks in the office. Whatever the situation, you aren’t powerless.  If you think you’re dealing with harassment in the federal workplace, it’s vital you act immediately to protect yourself and uphold your rights. We’ll explore these steps in detail in this article. If you still have questions about your situation or what to do about harassment, contact our outstanding team of federal employment attorneys today.  Five Steps to Take When Being Harassed in the Workplace Addressing workplace harassment is crucial to ensure a safe and respectful environment. Here are five steps a federal employee should take if they believe they are experiencing harassment. Step #1: Document Everything As soon as you believe you’re experiencing harassment, it’s crucial to begin documenting each event meticulously. Note down the date, time, and location of the incident. Record the names of the individuals involved and any potential witnesses. Describe the event in detail, noting the context and any triggering events. Next, keep any tangible or electronic evidence. Potential examples include things like inappropriate text messages, emails, or gifts. It’s also useful to take screenshots of digital evidence. This is an important practice because electronic data can frequently vanish unexpectedly. Finally, be consistent in your documentation efforts, even if you’re unsure about what to do or what you’re experiencing. Over time, these records can help establish a clear pattern of behavior. Evidence of such a pattern is often invaluable if legal or disciplinary actions arise down the road. Step #2: Consider Speaking with the Responsible Party Occasionally, harassment can stop simply by telling the harasser. After all, the bad actors may think they’re being funny, or maybe they don’t have the social awareness to see the impact of their actions. So, by directly confronting them, you can bring their attention to the matter and possibly resolve their bad behavior. Only do this if you feel there is little or no downside in doing so. If confronting the individual is unsafe or if their behavior continues despite a discussion, it might be time to move to the next step. Step #3: Consult Your Agency’s Handbook or Policy Manual  Review your agency’s policies and guidelines on harassment before taking any formal action. This will provide insights into the defined procedures for reporting and addressing your concerns. It will also minimize the chances that you make a procedural error that jeopardizes your complaint or delays effective action. In addition, look into how your agency handles confidentiality in harassment complaints. It’s vital to understand your rights and what information might be shared with others. Step #4: Report the Harassment Once you understand your agency’s relevant procedures, it’s time to take formal action. Notify your supervisor or the appropriate point of contact designated by your agency’s handbook or policy manual. If the harasser is your direct supervisor, find out if there’s a procedure in place for reporting to someone else. Agencies often designate a second-line or third-line supervisor as an alternate point of contact. In any case, it’s essential to report harassment as soon as possible. Step #5: Seek Support and Legal Counsel Understand that dealing with workplace harassment can be a long process. Therefore, it’s a great idea to lean into your support network for moral support and insights on how to navigate the situation. Also, reach out to an experienced employment attorney. Legal counsel is especially important if your employer is not addressing your complaint or retaliating against you. Let’s Work Together to Hold Your Employer Accountable and Make Your Workplace Safe Again No federal employee should suffer harassment. On the contrary, every public servant deserves a workplace free from discrimination, harassment, and unfair practices. If you feel you are suffering harassment in the federal workplace, stand up to defend your rights and protect your well-being.  The Federal Employment Law Firm of Aaron D. Wersing PLLC is not just another law firm. When you retain us, you gain more than just a talented legal representation. You gain a partner who is dedicated to ensuring your voice is heard and your rights protected. Reach out today. Contact us now and embark on the journey toward justice and peace of mind.

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

How to Prove Disability Discrimination

The government has passed many laws over the years to eliminate discrimination against people because of their disabilities. Disability discrimination is illegal under the Americans with Disabilities Act, yet this kind of discrimination happens all the time. If you become the victim of disability discrimination, it can easily turn your life upside down.  Sometimes disability discrimination is obvious. Other times, it can be hard to prove without professional legal help. In this article, we’ll review the most common kinds of discrimination. We will also discuss several possible ways you can prove disability discrimination. If you suffer from disability discrimination, do not wait for a supervisor or a co-worker to take action. Stand up for your rights and obtain compensation for your losses. Start the process today by reaching out to a veteran federal employment attorney right now.  Understanding the Two Types of Disability Discrimination The Disability Discrimination Act recognizes several forms of discrimination. The first kind is called disparate treatment. Disparate treatment occurs when a person with a disability is treated worse than other similarly-situated employees without a disability.  The second form of disability discrimination is harassment. Harassment encompasses a variety of actions that can collectively create a hostile working environment.  Two Examples of Disability Discrimination Disability discrimination can come in all shapes and sizes. Here are just two hypothetical scenarios. Disparate Treatment Example #1 Oliver, who has vision difficulties, works as an accountant for a federal agency. Like most agencies, his employer is embracing a hybrid telework model. This means all employees need to work two days per week at the office. However, shortly after the new work schedule starts, Oliver’s boss tells him that he needs to come into the office four days a week. The supervisor claims that everyone else in the office will also need to come in four days a week. After a few weeks, Oliver notices that only employees with medical or physical conditions are in the office four days a week. When Oliver confronts his supervisor about it, the supervisor says that he asked the disabled employees to come into the office more so that they could receive better office support. Disparate Treatment Example #2 Cindy is a security officer for the Department of Homeland Security. As a security officer, she patrols a top-secret facility every night. Cindy discovers that she has diabetes and informs her supervisors. She also asks to be able to eat a snack during her work shift so she can maintain her blood sugar. After she makes her request, her bosses take her off patrol duty and assign her a desk job within the department.  Other Examples of Disability Discrimination Both of these examples constitute textbook disparate treatment disability discrimination. It does not matter whether a supervisor thinks they are doing a disabled employee a favor by treating them differently. Lightening a disabled person’s job simply because they are disabled is just as illegal as firing them or transferring them because of their condition. And simply because a federal employee requests reasonable accommodation does not mean their job duties should be changed.  Other ways disparate treatment disability discrimination manifests include: Most of the time, managers try to cover up discrimination by claiming it is a “routine office practice” or asserting that your job performance is inadequate. However, an experienced disability discrimination attorney can help you hold bad actors responsible in court.  Disability Harassment Examples Disability harassment is any unwelcome or offensive behavior that is related to your disability. To succeed in a harassment case, you need to prove that the harassment is sufficiently severe or pervasive to create a work environment that the average person would find intimidating, hostile, or offensive. Very rarely, one act of harassment can meet the “severe or pervasive standard.” That said, harassment usually consists of many actions over time. Here are just a couple quick examples: If you’re encountering this kind of behavior, keep a thorough events journal. Record every incident and all the details you can remember. Then contact an attorney immediately.  Want to Learn More About How to Prove Disability Discrimination in the Federal Workplace? At the Law Office of Aaron D. Wersing, PLLC, we refuse to let our clients be the victims of disability discrimination and harassment. We have many years of experience holding bad actors accountable and ensuring our clients receive compensation for suffering from discrimination and harassment. Do not wait for someone to help you or hope that things just blow over. Stamp out disability discrimination in the federal workplace by contacting us today.

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Jul 7, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

What Is the Pendleton Act, and How Does it Relate to Federal Employees Nationwide?

Although few civil servants have heard of it, The Pendleton Act of 1883 is a cornerstone of United States federal employment law. Officially known as the Pendleton Civil Service Reform Act, the law was designed to establish a merit-based system for federal employment. It instituted the principle that federal employees should receive jobs because of the quality of their skills and knowledge, not because of their political connections or beliefs. In doing so, the Pendleton Act made the federal civil service more of a neutral, nonpolitical body that focused on serving the public rather than a political party. The Pendleton Act: Definition and Historical Overview Congress passed the Pendleton Act in response to the problematic “spoils system.” The spoils system was a long-standing political practice in the US during its early history. President Chester A. Arthur signed the Pendleton Civil Service Act into law on January 16, 1883 to ensure citizens could compete for federal jobs without political, racial, religious, or national bias. The basic idea is that a newly-elected political party would give out prestigious and lucrative government jobs to its supporters. The actual qualifications of the appointees were not a consideration, only their loyalty to the party. Once another political party gained office in a new election, it would fire many or all of the previous civil servants and replace them with loyal cronies, friends, or even relatives of key politicians. This practice gradually came under more and more criticism as the 1800s continued.  Things came to a head in 1881. That year, a disappointed supporter of President James A. Garfield shot the President because he did not receive a prestigious diplomatic posting in France. The shocking incident exposed the pressing need for the country to reform the civil service hiring system. The Pendleton Act, named after its primary sponsor, Senator George H. Pendleton of Ohio, sought to rectify this by creating a merit-based system for federal employment. Under the Act, candidates for certain government jobs would be selected based on their performance in competitive examinations. This would ensure the best-qualified candidates were appointed to government positions.  Principles of the Pendleton Act The Pendleton Act required federal jobs to be awarded based on merit, mandated competitive exams for selection, and prohibited firing or demotion for political reasons for covered employees. The Pendleton Act set out two key principles. Together, these two principles aimed to promote a qualified and effective federal workforce free from political interference. By promoting a qualified and efficient workforce and protecting federal employees from political interference, the Pendleton Act revolutionized federal employment practices, fostering a more fair, efficient, and reliable federal workforce. The Pendleton Act Today: Relevance to Federal Employees So, how does the Pendleton Act impact today’s federal employees? Although Congress has amended the Pendleton Act several times and supplemented it with other laws, its core principles remain relevant. The foundation of the modern civil service is still the merit system. Federal agencies must adhere to merit system principles in the selection and treatment of employees. They are required to recruit, select, and advance employees based on their abilities, knowledge, and skills, using fair and open competition. Furthermore, the protection against unfair practices in the federal government is still strong. Federal employees enjoy extensive legal protections from arbitrary actions, personal favoritism, and coercion for partisan political purposes. Moreover, the law grants employees protection from reprisal for reporting illegal or unethical activities by their employer.  Finally, the Pendleton Act inspired the Hatch Act of 1939. This law expanded the Pendleton Act’s basic protections by limiting the political activities of federal employees. Specifically, it prohibits any attempt by a federal employee to interfere with an election, accept donations or contributions from a political party, and distribute or display campaign items in the federal workplace. As a result, the federal workforce is now a place of skilled professionals who are free from the corrupting influence of party politics.  We Can Help What Is the Pendleton Act? This is one of many federal employment-related questions we can answer. Let us give you the guidance you need today.  Thanks to laws like the Pendleton Act, Being a federal employee comes with distinct rights and protections. These rights are key to ensuring fairness and justice within the federal employment sphere. However, federal employees like you can still face retaliation, political pressure, and inappropriate actions in the workplace. When that happens, it is crucial to promptly seek professional legal assistance to uphold your rights. The Federal Employment Law Firm of Aaron D. Wersing is an ally you can count on during such challenging times. We pride ourselves on providing unrivaled representation for our clients. In addition, we have a deep passion for safeguarding the rights of federal employees. Mr. Wersing’s extensive experience and relentless dedication have contributed to many success stories over the years. We invite you to become another successful client. Let us assist you in defending your rights, protecting your federal career, and striving for the best possible outcome in your case. Our firm proudly offers services to federal employees nationwide. Contact us at 833-833-3529 to discuss your case, or schedule an appointment online. We are eager to stand by your side and assist with any issue you may be facing.

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Jul 5, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Can Federal Employees Be Fired for Talking About Wages?

Many of our clients wonder whether a casual conversation about their pay may have played a role in their disciplinary action. Consequently, we’re often asked, Can federal employees be fired for talking about wages? The short answer is no. Federal law protects federal employees from termination or punishment simply for talking about their wages. In fact, private-sector employees receive the same protections. However, the legal mechanisms that protect federal employees are different from the protections for private-sector employees. In addition, they are somewhat more complex.  If you’re curious about how the law protects you as a federal employee, you’ll want to read this article. We’ll discuss the nature of federal employee discipline, your rights as a federal employee, and the ways in which the federal workplace protects your right to discuss your salary. If you have more questions or need legal assistance, it’s best to contact a qualified federal employment attorney right away. Why Can Federal Employees Talk About Wages? Although it’s critical to know your rights as a federal employee, it’s also important to know why you have those rights. The reason you can discuss your wages without fear of retaliation is because of the very nature of the federal service. To understand the federal service, let’s first briefly examine how employment works in the private sector. Private-Sector Employment Protections: Few and Far Between In the private sector, most employees work at will. At-will employment means that the employer can fire the employee at any time and for any reason. The only exceptions are illegal reasons. These illegal reasons have been defined by various laws over the past few decades.  Examples of illegal reasons to fire private-sector employees include things like: Again, there was a time when these protections did not exist. Prior to the passage of the Civil Rights Act of 1964, an employer could fire an employee simply because the employee was black or white. And before Congress passed the Age Discrimination in Employment Act in 1967, an employer could fire you simply because they thought you were too old. While these laws provide some basic protections to private-sector employees, they still face arbitrary termination for many other reasons. If their employer fires them, that’s usually the end of the matter. However, private-sector employees enjoy the right to discuss wages because of the National Labor Relations Act of 1935 (NLRA). The Inherent Protections of Federal Employment Unlike private-sector employees, the Constitution grants federal employees a property interest in their federal employment. Because of that interest, a federal employee can only be fired after receiving due process.  Due process is a phrase that is commonly used but rarely understood. Simply stated, due process is the specific way in which the government can deprive someone of their life, liberty, or property. If a federal employee loses their job without receiving due process, then their termination is illegal.  Due process rights include several critical protections for federal employees. One of the most important is that federal employers can only terminate their employees for just cause. That means your employer cannot fire you at will. Instead, the burden falls on them to show that they have a legitimate reason for firing you that relates to the efficiency of the federal service.  Practically speaking, that means they need to show either your performance is consistently poor or that you committed some act of misconduct, like not showing up to work or threatening another employee. Simply talking about your wages does not relate to the efficiency of the service. For that reason, your employer cannot fire you simply for discussing your wages.  The Role of the Federal Service Labor-Management Relations Statute  Aside from due process rights, there is a specific law that grants extra protection to wage discussions in the federal workplace. That law is the Federal Service Labor-Management Relations Statute (FSLMRS). Congress passed the FSLMRS in 1978 to regulate and improve labor relations in the federal government.  The FSLMRS ensures federal employees the right to organize, bargain collectively, and participate through labor organizations of their choice in decisions affecting their working conditions. These overarching rights include the right to discuss your wages and other aspects of your job. In this sense, FSLMRS is similar to the NLRA. However, whereas the FSLMRS specifically applies to federal employees, the NLRA covers private-sector employees. So Can an Employer Ever Fire You for Talking About Your Pay? While federal employers cannot fire their employees for discussing wages, they can take disciplinary actions against employees who commit misconduct while talking about their wages. For instance, you may face discipline if you disrupt your workplace by openly taunting another employee who makes less money than you. Another example would be insulting your boss at a team meeting because you think your wages are too low.  Need Legal Assistance? We Can Help. We hope that you can rest easy now that you know the answer to the question, Can my employer fire me for talking about my salary? However, agencies do not always understand the law, and some agencies openly ignore the law. When that happens, they may try to take illegal action against you because you discussed your wages with another employee. If you find yourself in that situation, get legal counsel right away.  Our attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, only represent federal employees. That means they have extensive knowledge regarding every kind of legal issue in the federal workplace, including retaliatory disciplinary actions. On top of that, we strive to provide you with the outstanding customer service you deserve. So don’t wait. Contact us today to schedule an initial appointment. 

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Jun 9, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Disability

Disability Rights for Federal Employees: Understanding Your Rights

Our society is constantly changing. However, ensuring equitable rights and opportunities for everyone is still a top priority. This includes individuals with disabilities. If you are a federal employee with a disability, then you need to know about the full scope of your rights. Let’s explore the existing federal laws and how they protect you in the workplace.  Have more questions after reading this article? Contact an experienced federal employment attorney today.  What Are My Rights as a Disabled Employee? There are a significant number of disability rights for federal employees. Most of these rights stem from two laws: the Americans with Disabilities Act and the Rehabilitation Act. The Americans with Disabilities Act (ADA) The ADA is a comprehensive civil rights law that was first enacted by Congress in 1990. It prohibits discrimination based on disability across various public and private sectors. Just a few examples are employment, transportation, and telecommunications. That means you cannot receive different treatment just because you have a disability. However, to receive protection under the ADA, an individual must have a disability. In the context of the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activities. You are also considered disabled under the ADA if you: Title I of the ADA is particularly useful for federal employees. This section requires employers with more than 15 employees to provide equal employment opportunities to qualified disabled individuals. This includes non-discrimination in recruitment, hiring, promotions, training, pay, social activities, and other aspects of employment. Employers must also provide reasonable accommodations for employees with known disabilities. The only exception is when accommodating the employee would cause undue hardship for the employer. The Rehabilitation Act of 1973 Although the ADA has broad applicability to all kinds of employers, the Rehabilitation Act explicitly targets federal sector activities. Section 501 of the Rehabilitation Act prohibits federal agencies from discriminating against qualified individuals with disabilities. It also mandates federal agencies to take proactive steps in hiring, placing, and advancing individuals with disabilities. The Rehabilitation Act’s legal standards for discrimination in the federal workplace are the same as those standards in the ADA. Of particular note for federal employees is Section 504. This section stipulates that no qualified individual with a disability shall suffer discrimination through any program or activity receiving federal financial assistance. Similarly, individuals with disabilities cannot be the target of discrimination under any program or activity conducted by any executive agency or the United States Postal Service.  Just like the ADA, the Rehabilitation Act calls for reasonable accommodation for known physical or mental limitations unless such accommodation would impose an undue hardship on the operations of the recipient’s program. Interplay Between the ADA and the Rehabilitation Act As you may have already noticed, the Rehabilitation Act and ADA complement each other very well. Although the ADA does not cover federal agencies in the executive branch, the Rehabilitation Act fills this gap. In doing so, it extends protections to federal employees similar to the disability rights for employees under the ADA. Federal employees can lodge any discrimination complaint with their agency’s Equal Employment Opportunity (EEO) counselor within 45 days of the discriminatory action. It’s also worth noting that Congress significantly broadened the ADA’s definition of disability under the ADA Amendments Act (ADAAA) in 2008. Part of the reason for the ADAAA was to align the ADA more closely with the Rehabilitation Act’s broader scope. This was a significant milestone in ensuring that the laws fully encompass those they were designed to protect. The Takeaway for Federal Employees In essence, federal employees with disabilities receive protection from two robust laws – the ADA and the Rehabilitation Act. Both laws work toward ensuring equal opportunities, inclusivity, and fair treatment inside and outside the federal workplace. However, the path to justice starts with awareness. Knowing your rights under these laws is the first step in maintaining a fair and equitable workplace. Whether it’s about seeking a reasonable accommodation or combating discriminatory practices, don’t hesitate to assert your rights. A disability does not define your potential or your worth, and the law is here to uphold your right to equal treatment under the law. Get the Legal Help You Need Today At the Law Office of Aaron D. Wersing, PLLC, our outstanding legal team possesses a deep understanding of disability rights for federal employees. We can also help you determine whether you are eligible for federal employee disability retirement benefits. Whatever the exact issue, we are deeply committed to supporting federal employees with disabilities. Our highest priority is to ensure they receive the rights given to them by the law. During your consultation, our lawyers will work to hear your concerns and outline your legal options. Stand up and defend your legal rights today. Schedule your consultation by calling us at 866-612-5956 or visiting our website.

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