Issues to Consider for Federal Disability Retirement

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By Kimberly H. Berry, Esq., www.retirementlaw.com

One of the more usual types of federal employee retirement matters that our firm handles involves the representation of federal employees in the disability retirement process before various federal agencies and the Office of Personnel Management (OPM). Federal employees thinking about filing for disability retirement should consider the following issues as they debate whether or not to proceed with an application for disability retirement.

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Representing VA Employees in Disciplinary Appeals Board Hearings

By John V. Berry, Esq., www.berrylegal.com

We represent and defend medical professionals before the Department of Veterans Affairs (VA) through the Disciplinary Appeals Board (DAB) process, nationwide. The DAB is a unique hearing process and counsel is needed by a physician, nurse or other medical professionals when a disciplinary case like this is pending.  This article discusses the DAB process as it currently exists. Continue reading

The MSPB Appeals Process for Federal Employees

By John V. Berry, Esq., www.berrylegal.com

We represent federal employees in Merit Systems Protection Board (MSPB) appeals. In other articles we go into more depth about various individual aspects of the MSPB appeals process, but this article focuses on a general summary of what to expect during the MSPB appeals process. There are sometimes some differences between appeals, but for the most part the major parts of the appeals process follow below.MSPB Appeal Logo Continue reading

Federal Employee Probationary Employee Rights

By John V. Berry, Esq., www.berrylegal.com

This article discusses federal employee probationary rights. Probationary employee rights can be a confusing subject for most federal employees. The rights that these types of employees have can also be unclear or not fully explained by federal agencies to employees.  This article hope to clear this area of law up for federal employees that may be in their probationary status.Probationary Period

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Harassment Claims for Congressional Employees

By John V. Berry, Esq., www.berrylegal.com

We represent and advise congressional employees in the filing of Congressional Office of Compliance (OOC) complaints against congressional agencies / employers under the Congressional Accountability Act of 1995 (CAA). Given the recent news accounts involving congressional employees and their sexual harassment claims, it is important for congressional employees who have been harassed to obtain legal counsel to advise and/or represent them given the complexity of the congressional process. There are specific guidelines for filing and adjudicating a complaint under the CAA. Our law firm has handled CAA cases since 1999.

Furthermore, in light of recent news it is highly likely that there will be many more claims involving sexual harassment and/or retaliation under the CAA from congressional staffers or other employees who have previously been discouraged from asserting their claims. The OOC has recently published a list of their settlements and awards. Our updated article on the Office of Compliance and process for dealing with sexual harassment (and discrimination) claims follows:

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Defending Federal Supervisors and Co-Workers From EEO Complaints

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By John V. Berry, Esq., www.berrylegal.com 

We often represent and defend federal employees and supervisors involved as respondents in Equal Employment Opportunity (EEO) complaints. While many attorneys represent only complainants in EEO complaints, we also represent those co-workers and supervisors accused of EEO misconduct in their defense. In cases where a federal employee or supervisor has been named a respondent in an EEO case by another federal employee, it is very important for them to obtain legal advice and counsel throughout the EEO investigation in order to avoid disciplinary action later.  An EEO respondent simply means that the individual has been named as part of the EEO violations or misconduct at issue.

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Federal Employee Rights in OIG Investigations

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By John V. Berry, www.berrylegal.com

We often represent federal employees in investigations before the Officeof Inspector General (OIG) of their federal agency. When a federal employee is under investigation (or going to be interviewed) by their respective OIG it is important for them to be aware of their legal rights, options and best plan of action for any potential legal defense. This article covers many of the issues that arise when a federal employee is contacted by their federal agency’s OIG.

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How to File an EEO Complaint for Federal Employees

By John V. Berry, www.berrylegal.com

We are often asked about the proper way in which to initiate an Equal Employment Opportunity (EEO) complaint by federal employees against their federal agencies. A current or former federal employee or applicant for federal employment who believes he or she has been discriminated against because of his or her race, color, religion, sex, national origin, age or physical or mental disability, genetic information, sexual orientation or in retaliation for past EEO activity or for opposition to discrimination may file an EEO complaint against the federal agency involved.

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Retaining a Federal Sector Clearance Lawyer

By John V. Berry, Esq.,www.berrylegal.com

Our law firm consults with federal employees who have questions about potential issues with their security clearance, either in obtaining one or in keeping it. We advise and represent federal employees at all stages of the clearance process. A prospective client often has many questions about the timing of hiring a security clearance lawyer in the federal sector process.  In sum, we usually advise federal employees that the earlier an attorney experienced in the federal employee security clearance process is consulted, the better. Typically, when an issue is evaluated and addressed, head on by a federal employee, it can help to provide a better potential outcome. Continue reading