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.
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.
Our law firm consults with federal employees who have questions about potential issues with their security clearance, either in obtaining one or in keeping it. We advise and represent federal employees at all stages of the clearance process. A prospective client often has many questions about the timing of hiring a security clearance lawyer in the federal sector process. In sum, we usually advise federal employees that the earlier an attorney experienced in the federal employee security clearance process is consulted, the better. Typically, when an issue is evaluated and addressed, head on by a federal employee, it can help to provide a better potential outcome. Continue reading →
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.
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 →
We often represent federal employees in federal agency initiated administrative investigations. 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 →
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.
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 →
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 →
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 →