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Areas of Practice » Employment and Labor » Federal Employment Law Overview

Federal Employment Law Attorney

If you are a federal employee, and you feel like your federal agency is taking advantage of, unfairly disciplining, or discriminating against you, it is absolutely necessary to know that legal action can be taken. Speak to an employment law attorney from The Federal Practice Group Worldwide Service immediately to learn more about your rights as a federal employee.

Practice Areas

EEO Complaints and Equal Employment Opportunity Commission (EEOC) Hearings
If you a federal employee who has been discriminated against at work by your agency on the basis of race, national origin, sex/gender, religion, disability, age, or another protected class, you have the right to file an EEO complaint with your agency and to have that complaint heard by an Administrative Judge at the Equal Employment Opportunity Commission (EEOC). The EEOC has a special hearing section established for federal employees who have suffered discrimination at their workplace and need the help of an independent third party, and you are entitled to legal representation throughout this process, from the time you contact an EEO Counselor through the hearing and any appeal.

Merit Systems Protection Board (MSPB) Appeals
The Merit System Protection Board (MSPB) was set up to protect the federal employees from unwarranted adverse actions such as a suspension of more than 14 days, demotion/reduction in pay, or removal. The MSPB appeal process moves very quickly, and in most cases, you are guaranteed the right to a hearing. You are entitled to legal representation throughout the entire process, from the time you file the appeal through the hearing.

Adverse Disciplinary Action and Proposals and Appeals
If your federal agency has accused you of misconduct or poor performance and has issued you a notice of proposed disciplinary or adverse action (such as a suspension, demotion, or removal), you, as a federal employee, have the right to due process. This means that the federal agency you work for is required to give you notice concerning the proposed action, the materials relied upon in proposing the action, and the opportunity to reply. You are entitled to legal representation throughout this process, and, if the agency does decide to take actual disciplinary or adverse action against you, then you should contact an attorney to discuss your appeal options, including an EEO complaint, grievance, or MSPB appeal.

Disability Retirement Benefits
If you are a federal employee with a mental or a physical disability and are unable to be reasonably accommodated to perform your job, you may be able to receive disability retirement benefits. A lawyer can assist you with your application for disability retirement to the Office of Personnel Management (OPM) or with an appeal if OPM denies your application.

Family Medical Leave Act (FMLA)
Federal employees are allowed to take up to 12 weeks of unpaid leave for a serious health condition of his or her own or a family member, including for the birth or adoption of a child or caring for an elderly parent. Under the FMLA, your federal agency cannot fire or demote you of you rightfully take this leave. If you need assistance applying for leave under the FMLA or have been denied FMLA leave, our lawyers can assist you.

Federal Contractors Issues
If you are a contractor for the federal government and a federal agency has discriminated against you in your employment, you may be able to bring an EEO complaint against the federal agency. Our lawyers can advise you on the likelihood of success and on whether you have any other avenues for relief. If you believe that your company has discriminated against you, our lawyers can advise you on possible avenues for relief, including filing a complaint of discrimination with the EEOC or Department of Labor (DOL).

Mediation/Alternative Dispute Resolution (ADR)
If you have encountered any type of difficult situation while at your workplace, or if you have filed an EEO complaint, it may be in your best interest to seek to resolve the matter informally through mediation or Alternative Dispute Resolution (ADR). Whether it is an allegation of wrongdoing, sexual harassment, discrimination, or some other type of dispute, you need to ensure that there is someone on your side standing up for your rights, and you are entitled to have a lawyer with you at any mediation or ADR process.

Office of Special Counsel (OSC)
The Office of Special Counsel (OSC) was created to protect the rights of federal employees from retaliation or reprisal for whistleblowing. If you believe that you are a whistleblower and you are now facing retaliation or reprisal, you could file a formal complaint with the OSC. The OSC will then evaluate your complaint and may investigate or prosecute your complaint, or work with you and your federal agency to resolve the complaint through its mediation process.

Reasonable Accommodation Requests
Federal agencies are required by the Rehabilitation Act to reasonably accommodate the disabilities of federal employees. A reasonable accommodation could be a change or modification to the office space in order to allow a federal employee to be able to work safely, a teleworking arrangement, a schedule or duty modification, or, in the most serious cases, a reassignment. If you need assistance requesting a reasonable accommodation or if you have been denied a reasonable accommodation, you are entitled to assistance from a lawyer.

Security Clearance
Many federal employees required a certain level of security clearance in order to carry out their job. However, gaining this security clearance can prove to be complex and in-depth investigations into the employee's life may be necessary. Even once it is granted, it can be suspended or revoked at any time, and a lawyer can assist you with appealing this action so that you can continue with your job.

Sexual Harassment/Hostile Work Environment
Federal agencies are required to protect their employees from sexual harassment or any harassment based on an employee's membership in a protected class (such as race, national origin, religion, age, disability) by supervisors and co-workers. If you are being subjected to sexual harassment or a hostile work environment on any other basis, you could file an EEO complaint regarding your situation, and you are entitled to legal representation.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Veterans Employment Opportunities Act (VEOA) are acts created to help protect the rights of federal workers who are reservists and/or veterans. USERRA prohibits federal agencies from discriminating on the basis of military service and VEOA entitles veterans to preference in hiring actions. If you believe that your agency has violated USERRA or VEOA, a lawyer can assist you with possible options for relief, including through the DOL, OSC, or MSPB.

Whistleblower Retaliation
According to the Whistleblower Protection Act, any federal employee who reports fraud, waste, or abuse at their place of work is not to be retaliated against by their agency. If you are a whistleblower and are facing retaliation, you can file a complaint with the OSC.

We Have the Experience to Help Federal Employees Like You

As a federal employee, you may fear that taking legal action against your federal agency because of discrimination or unfair treatment could result in retaliation or other repercussions, particularly if you need to file an EEO complaint or to defend against an adverse action. A knowledgeable attorney can answer any question you may have about how employment law can help you take action against unfair treatment in the workplace. At The Federal Practice Group Worldwide Service, the attorneys represent federal employees wherever they may happen to work, even overseas. Never suffer the indignity of a negative workplace environment. Call the firm today and take the first steps toward resolving your legal issue professionally.