Tag Archives: federal employee lawyer

Douglas Factor Mitigation for Federal Employees

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

There are two parts to a federal employee’s disciplinary case: (1) whether the federal employee committed the offense charged; and (2) if they committed the offense, what should the penalty be? One of the most significant issues in defending a federal employee in disciplinary cases involves arguing for mitigation of the penalty in a disciplinary case.  Arguing for mitigation generally means that we argue for the application of the Douglas Factors in attempting to mitigate (or reduce) disciplinary penalties issued in a case. For security clearance holders, Douglas Factors materials can help in related security clearance cases based on the proposed discipline.

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Defending Federal Employees in PIP cases

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

It is important that federal employees faced with a performance improvement plan (PIP) consult an attorney as soon as possible. The longer that a federal employee goes forward in the performance improvement process, without legal representation, the more difficult it may be for an attorney to assist that individual later in the process. When federal employees fall below expected standards, they may be placed on a PIP. A PIP usually begins following a poor performance rating.

Performance Improvement Plans

The use of a Performance Improvement Plan (PIP) is typically the beginning of the removal or demotion process for a federal employee. It is common practice for federal employees to be initially told that placement on a PIP is designed as a positive benefit to them and necessary to make them better performers. Managers sometimes even promise employees that they will be given special assistance to ensure that they are successful during their PIP periods, only to later find themselves facing a potential removal a few months later.

This article discusses federal employee concerns when PIPs become an issue. Please continue reading on the next page.

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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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Federal Employee Computer and Internet Misuse

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

Federal employee use of government computers and workplace internet is fairly common at federal agencies. As a result, there are many times when federal employees get into disciplinary trouble involving their use of workplace computers or the internet. It is generally advised that federal employees avoid using federal agency computers and/or workplace internet, even where permitted, wherever possible. Many future problems can be avoided by taking this approach.

The most frequent problems that arise for federal employees in this area involve: (1) watching extended entertainment programs (Neltfix, Hulu, etc.); (2) excessive social media usage (Facebook, Twitter, Instagram); (3) gaming at work; and (4) watching, sending or receiving sexually explicit materials. There are any other number of examples which could run afoul of individual federal agency policies. While a number of federal agencies have adopted personal usage policies, many federal employees have not been given full training in this area and may run into potential disciplinary problems.  

This article discusses some of the more common issues. Please continue below to read the article.

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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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How to File an OSC Complaint for Federal Employees

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OSC Form 11

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

We represent and advise federal employees in the filing of Office of Special Counsel (OSC) complaints against their federal agencies and federal supervisors involved in such complaints. A number of issues can arise when an OSC complaint is contemplated that should be considered by a federal employee before proceeding. This article is a short summary of the OSC complaint process.

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Federal Employee Probationary Employee Rights

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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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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 →

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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