Category Archives: federal employee

Defending Federal Employees in Disciplinary Cases

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

Our law firm represents federal employees in proposed disciplinary cases. This article discusses the response process for federal employees when they received a proposed disciplinary or adverse action.

Types of Proposed Disciplinary and Adverse Actions

Most proposed disciplinary or adverse actions for federal employees are of two types: (1) proposed suspensions or demotions; and (2) proposed removals. Depending on the type of proposed disciplinary action, a federal employee can have varying legal defenses. Click to the next page to see a description of the response process.

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OPM Proposes Changes to Allow Clear Record Agreements and Other Civil Service Issues

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

The Office of Personnel Management (OPM) has just issued new proposed regulations to rescind many of the prior Administration’s federal employee rule changes. The changes by OPM were those put into motion earlier this year when the President revoked Executive Order 13839 by signing Executive Order 14003. The President, in Executive Order 14003, directed OPM to suspend, revise, or rescind actions implementing Executive Order 13839.

OPM’s new rules will likely be fully implemented as soon as the short comment period is over.  The changes will eliminate the clean record settlement ban, alter performance-based actions, revise probationary period notices, and change a few other personnel issues for federal employees. By far, the most crucial change is the ability for federal agencies to enter into clear record settlements with federal employees in cases.

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Avoid Politics in the Federal Workplace

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By John V. Berry, www.berrylegal.com

The 2019 primaries and 2020 national elections are approaching soon. Our law firm often represents and defends federal employees in Hatch Act violation cases. The Hatch Act was meant to curtail partisan political involvement for federal employees. There are certain restrictions that prohibit certain political conduct, both on-duty and off-duty. As these elections approach, this article is meant to help federal employees avoid the problems of committing potential Hatch Act violations.   Continue reading →

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

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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 →

Federal Employee Probationary Employee Rights

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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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How to File an EEO Complaint for Federal Employees

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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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Constructive Discharge for Federal Employees

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

In the course of discrimination and termination cases involving federal employees, we are often asked about the concept of constructive discharge, also known as constructive termination or removal. Many federal employees ask what a constructive discharge or constructive removal is and whether it may apply to their case. The best way to describe a constructive discharge claim is as follows: a constructive discharge is a forced resignation or retirement by involuntary means.Constructive Discharge

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Privacy Act Requests for Federal Employees

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

It is often the case that we have clients that are seeking information about their own personal records maintained by a federal agency. These requests can relate to a former employee’s Official Personnel Folder, an administrative investigation, security clearance records, and all sorts of other types of information that involve them. We are often
retained to assist client in making such requests.  privacy-actThis article is general in nature and an individual should consult an attorney familiar with the Privacy Act prior to making a request.

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OPM Disability Retirement

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By Kimberly H. Berry, www.berrylegal.com

We represent federal employees in Office of Personnel Management (OPM) disability retirement filings and appeals.  Federal approval-opmemployees, in both the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) are eligible for disability retirement should the need arise. In order to be eligible for this type of retirement, CSRS employees generally must have completed five (5) years of federal service and FERS employees must have completed 18 months of creditable service.

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