Federal Employee Rights
The Maryland/Washington, D.C. metropolitan area is home to thousands of hardworking federal employees. You serve our country and you serve the community. You deserve to have dignity on the job and to be free from wrongful employment actions and discrimination.
At the law firm of Andalman & Flynn, P.C., we are committed to protecting federal workers’ rights in the workplace, and have a long history of representing federal employees who have been, or are currently being discriminated against.
What Are Your Rights as a Federal Employee?
- Your agency cannot discriminate against you based on race, color, sex, religion, or nationality.
- You cannot be discriminated against because you have a disability and are entitled to reasonable accommodations for a disability.
- You cannot be discriminated against because you are over 40 years old.
- Men and women who perform substantially equal work in the same agency cannot be paid differently due to gender.
- You cannot be subject to adverse personnel action because of marital status or political affiliation.
Your Agency has Taken Employment Action Against you, Now What?
If you are experiencing what you believe to be wrongful employment action – removal, suspension, negative performance evaluations, performance improvement plans (PIPs), demotion or discipline, contact us now – we’ll help you assess your situation and determine the proper course of action.
Over the past 20 years we have represented many federal employees suffering from a variety of wrongful employment actions:
- Removal – If you have received notice that your agency intends to remove you from federal service, they are required to give you the opportunity to contest any charges against you. We can help you to contest those charges and protect your job.
- Suspension – If you are suspended for over 14 days, you have the right to appeal your case to theMerits Systems Protection Board. Having a competent attorney on your side will help ensure that all paperwork is filed properly, deadlines are met and requirements are satisfied, increasing your chances for a favorable result.
- Discrimination – If you believe that an adverse action has been taken against you for discriminatory reasons—such as age, race, color, sex, religion, marital status, disability, gender or nationality—you may be able to file a discrimination charge with the agency where you work and then with the Equal Employment Opportunity Commission (EEOC). We’ve helped numerous federal employees file the appropriate paperwork, heeding the Commissions’ time limits.
- Mixed Cases – Some cases can include both an appealable adverse action by the agency and a claim of discrimination by the employee, involving by both the MSPB and EEOC. Once the charge is investigated, you can then appeal the adverse action to the MSPB. The MSPB appeal process is complex and it is highly recommended that you have an experienced federal employee attorney represent you in front of the MPSB. We have
- Illness – Sometimes, illnesses rise to the level of adversely affecting job performance. In these cases, employees may need legal assistance and counseling to avoid discipline, obtain necessary accommodations, protect their medical insurance coverage and leave benefits, seek a disability retirement annuity and in some cases worker compensation benefits. Additionally, if you are ill, or have to care for a sick family member, you may qualify for leave under the Family Medical Leave Act.
- Disability – Sometimes, a disability prevents a federal employee from fulfilling the requirements of his or her job. In those cases, it may not a wrongful employment action issue, but a federal disability retirement situation. We have some of the most experienced Federal Disability Retirement attorneysin the area and can help you to apply for benefits. If you believe you can no longer do your job because of disability, we encourage you to learn more about Federal Disability Retirement and the application process.
Federal employees have the right to be free from discrimination and arbitrary employment actions. If you think you have been discriminated against, having a competent attorney on your side can make all the difference in the world. Contact us now to help determine if you have a case.
Additional Federal Discrimination Law Resources
- What constitutes illegal discrimination? The best way to protect your rights is to fully understand exactly what agency actions are illegal.
- If you have been a victim of discrimination, you must act quickly. There are very specific appeal and action deadlines federal employees are required to meet.
- Discrimination law and the associated procedures are complicated. Find out how Andalman & Flynn attorneys assist victims of discrimination and how we can help you.