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.
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. This article is general in nature and an individual should consult an attorney familiar with the Privacy Act prior to making a request.
We represent federal employees in OPM disability retirement filings and appeals. Federal employees, 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.
As lawyers practicing in the area of security clearance law, we often receive questions from federal employees about the different types of security clearances that exist and their differences. This article briefly touches upon many of the different types of security clearances and increased classification levels for federal employees. There are several variations and types of security clearances, and some are not truly considered security clearances, but they range from Public Trust positions to Yankee White clearances on the spectrum. The following is a listing of clearances/classifications ranging from least scrutiny to most scrutiny.
Our law firm represents and defends federal employees who have been alleged to have committed Hatch Act violations, require Hatch Act guidance or legal defense or have been subjected to illegal political discrimination in the federal workplace. Continue reading →