Security Clearance Levels for Federal Employees

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

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.

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Federal Employee Probationary Employee Rights

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

Probationary Period

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.

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Clean Record Agreements For Federal Employees After Executive Order 13839 are Possible

 

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

Clean record agreements for federal employees in light of Presidential Executive Order 13839 (EO) still exist given the right circumstances.  There is significant confusion over this EO which attempts to bar clean or clear records, which is confusing for both federal agencies and federal employees. Federal agencies themselves often disagree with what the EO actually means and when it is applicable to settlement of cases. The negotiation of clear records for federal employees in the right situations is still viable and complies with the EO. Hopefully, this article will provide some context for how the EO and negotiations can still factor into settlements for federal employees.

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Avoid Politics in the Federal Workplace

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

Early Retirement for Federal Employees

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

The Federal workforce is presently undergoing significant changes in size. Many federal agencies are shifting their workforce into other areas.  In some instances, this has led to the Federal government to provide incentives for Federal employees to retire early.  This article focuses on these incentives and considerations in accepting early retirement.

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Photo by Vladislav Vasnetsov on Pexels.com

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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

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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