When Federal Employees Need Legal Representation- Part 3
MSPB – Prohibited Personnel Practices – https://www.mspb.gov/
The Merit Systems Protection Board protects federal employees from “Prohibited Personnel Practices.” This includes protecting employees from wrongful termination, nepotism, whistleblowing, misclassification, political activity, etc.. The MSPB also administers the Uniformed Service Employment and Reemployment Rights Act of 1994 (USERRA https://www.mspb.gov/mspbsearch/viewdocs.aspx?docnumber=367903&version=368536&application=HTML) which protects non-career uniformed service members by prohibiting discrimination on the basis of military service and ensures that federal agencies comply with their obligation to reemploy the service member after he or she has completed a period of military service.
Our firm represents employees who are fighting adverse actions at every stage of the MSPB process. We have a proven track record of helping employees keep their jobs, getting those jobs back after wrongful termination, and getting discipline rescinded.
EEOC – Discrimination/Harassment – https://www.eeoc.gov/
The EEOC protects employees from discrimination and harassment based on the employee’s status as a member of a protected class. Protected classes include race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. Employees are also protected from any action taken in retaliation for an employee filing an EEO complaint. This includes everything from a hostile work environment to non-selection for a position. For our clients who are veterans, this often includes discrimination based on disabilities acquired during active duty.
Contact with the Agency’s EEO office to begin the complaint process must occur within 45 days of the discriminatory event. Claims are initiated through each Agency’s internal EEO office. The Agency then connects the employee with a counselor to discuss the claim and try and reach an early resolution. If no resolution is reached, the employee then may file a formal complaint of discrimination. If the complaint meets various requirements, including timeliness, the Agency is then obligated to undertake an investigation. At the conclusion of the investigation, or once 180 days have passed since the complaint was filed, the employee may then request that the Agency make a Final Agency Decision (FAD) or request a hearing with an EEOC administrative law judge. The employee may also elect to leave the administrative process and file a complaint in federal court.
Our firm Brown & Goodkin can assist with these complaints at any stage of the process.
These systems are designed to protect federal employees from bad things that happen to them while employed. Unfortunately, the administrative law procedures are complex and nuanced. While retaining an attorney is not required, we recommend that anyone who is looking to start one of these processes call to discuss their case with our office. We offer a free initial discussion with an attorney who will discuss your situation and see what system will best address your and your family’s needs.