Constructive Discharge for Federal Employees

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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The Basics of the Federal Employee EEO Complaint Process

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

We are often asked by federal employees and applicants about how to file an Equal Employment Opportunity (EEO) complaint for discrimination, sexual harassment or retaliation. A federal employee has different options for filing an EEO complaint than a private sector employee (and shorter deadlines) so it is important to understand the basics in moving forward.   Continue reading

Federal Employee Investigations

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

We often represent federal employees in federal agency initiated administrative kalkinesinvestigations. When a federal employee is under investigation or suspects that they may be investigated in regards to misconduct, on or off duty, it is important to have a federal employment attorney represent and/or advise them through the process. Continue reading

Performance Improvement Plans (PIPS) for Federal Employees

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

Our law firm represents federal employees who have been placed on a Performance Improvement Plan (PIP) relating to alleged poor performance. Federal employees should always be wary if they learn that a PIP is being recommended or considered as a means of correcting a federal employee’s work performance. In our experience, the issuance of a PIP almost always indicates the beginning of the removal or reassignment process for a federal employee. Federal employees, however, are usually told that a PIP is only designed to benefit them and make them better performers. This, unfortunately, is not the usual case.

pip-plan

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Preparing a Federal Employee Administrative Grievance

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

Our law firm represents federal employees in federal employee grievance procedures. Most, if not all federal agencies have their own federal employee grievance procedures. Most of these procedures are similar but each agency may have their own twists that an employee should be aware of. Continue reading

Filing an OSC Complaint

OSC Form 11Filing an Office of Special Counsel Complaint

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. Continue reading

Desk Audits for Federal Employees

By John V. Berry, Esq., www.berrylegal.comDesk Audit Chart

We represent and advise federal employees when they request desk audits regarding their current positions. As one might imagine, a number of issues can arise when a desk audit is contemplated. A desk audit is simply a procedure where the duties and position of a federal employee are evaluated to determine whether or not the employee’s position should be upgraded in terms of grade, pay level, title or classification series. A desk audit is also referred to as a classification appeal. Continue reading

Responding to Proposed Discipline for Federal Employees

Sample Proposed Disciplinary Action

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

We often represent and defend federal employees in proposed disciplinary actions. When a federal employee is facing proposed discipline it is important for them to speak with an attorney knowledgeable in federal employment law for legal advice and representation. This article outlines some key points for federal employees as they respond to proposed disciplinary actions. We have also drafted a Sample Proposed Action, a hypothetical proposed removal, so that federal employees can better understand how a disciplinary action starts. Continue reading