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  • What is Constructive Discharge?

    Whether it is a federal discrimination or termination case, many federal employees are curious about the concept of constructive discharge and if it may apply to their case. A constructive discharge occurs when an employer wrongfully makes working conditions so intolerable that the employee is either forced to resign or retire by involuntary means. Common examples of constructive discharge in the ...
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  • DOJ Releases New Sexual Harassment Guidelines

    In response to a 48-page report issued last year by Michael E. Horowitz (general inspector for the Department of Justice) that detailed harassment, assault, and sexual misconduct, the DOJ has issued directives to address sexual harassment earlier this month. Written by the deputy attorney general, Rod J. Rosenstein, and two other officials in his office, the directives aim to ensure that the DOJ ...
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  • Can I File a Defamation Lawsuit Against My Former Employer?

    Defamation occurs when a person makes an intentionally false statement which harms another. It is considered a personal injury, meaning you may be eligible for damages for both financial losses and emotional distress. When a statement is made orally, it is called slander. By contrast, a written statement is called libel. In a job context, the defendant is often an employer or a former employer. ...
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  • How to Document Sexual Harassment

    Sexual harassment in the workplace—whether federal or not—is a huge problem. Every year, thousands of incidents are reported. But, unfortunately, many more incidents occur without notice because the victims are afraid to take action. Who will believe their story? How will they prove their case in the courtroom? The main issue for many sexual harassment victims is that they think that they’re all ...
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  • Federal Whistleblower Protection Enhancement Act

    As a federal employee, you are protected in more ways than one. One of the primary ways you are protected is through the Federal Whistleblower Protection Enhancement Act, which Congress passed in 1989. Our DC federal employment attorney of John P. Mahoney, Esq., Attorney at Law will help determine whether or not your rights have been violated according to the Whistleblower Protection Act, and we ...
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  • How Can I Prove Employer Retaliation?

    Retaliation occurs quite commonly in the workplace, particularly at the level of the federal government. As an employee who has complained about possible discrimination, fraud, mismanagement of funds, harassment, or government waste, you may be fearful of a possible punitive response. This, however, is entirely illegal, and if you find yourself a victim of employer retaliation, it is vital you ...
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  • What Facts Do I Need to Know About Whistleblower Cases?

    If you are aware of someone who has defrauded the government or violated labor laws, you should consider becoming a whistleblower. Becoming a whistle blower is not only the ethical thing to do, but you might also be substantially rewarded for making corruption and fraud known to the public. There are numerous protections and incentives place to encourage people to report any questionable actions ...
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  • 3 Federal Laws Employees Need to Know About

    Many of the rights that employees enjoy today came into place because of the efforts made by workers’ rights protesters back in the 19th century and the early days of our industrialized economy. Before this, holidays were unheard of, and both children and adults slaved away for more than 16 hours a day, slept in work houses on factory property, and were barely fed enough food to keep themselves ...
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  • How to Appeal a Security Clearance Denial

    Thousands of jobs in the federal government require a security clearance in order to perform their essential functions. Getting these clearances is an extensive process that requires paperwork, background checks, and much more. Getting more advanced clearances requires even more thorough investigations and stringent requirements, and for some people this could be a huge barrier to advancing in ...
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  • What to Do After Filing a Workplace Discrimination Charge

    Workplace discrimination is becoming increasingly less common thanks to the immense number of laws that prevent employers from taking adverse actions against workers for things like whistleblowing on unethical conduct, requesting a raise, or working with other employees to unionize. However, these instances still do exist and you do have the right to hold your employer accountable when they happen ...
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  • How EEOC Complaints Work

    If you plan to file a formal complaint with the U.S. Equal Employment Opportunity Commission (EEOC) , you will need to do so within 15 days after you have been given notice from your EEO Counselor about how to file. This notice should be sent after you have had a final interview with the EEO Counselor. The complaint has to be filed at the same EEO office that you received counseling from. The ...
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  • What Are My Rights as a Whistleblower?

    A person is considered a "whistleblower" if they report a violation of the law by their employer. There are legal protections in place to help protect the rights of workers who report their employer’s workplace violations or discriminatory practices. The federal government and states have laws which protect whistleblowers from unjust retaliation for filing a claim or reporting their employer’s ...
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  • What You Should & Shouldn't See on a Performance Improvement Plan

    Federal places of employments, such as agencies and political offices, typically set strict standards and expectations for employees. Any consistent or egregious deviation from the expectations could lead to a supervisor or superior calling for a Performance Improvement Plan ( PIP ). The purpose of a PIP is allowing an employee to fix behavioral problems without being immediately and harshly ...
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  • Under What Circumstances Would I File a Complaint with the OSC?

    Federal employees encountering questionable behavior and actions on part of their superiors and supervisors, and even their coworkers, can often wonder how to set things right. Many know that the Office of Special Counsel ( OSC ) exists to hear and judge complaints of wrongdoing, violations, and prohibited personnel practices (PPP). But many also do not know when the OSC can be called upon for ...
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  • Can MSPB Award Punitive Damages?

    The Merit Systems Protection Board ( MSPB ) is tasked with reviewing appeals filed for discrimination, whistleblowing retaliation , and various forms of Prohibited Personnel Practice within federal agencies. Using its authority, the MSPB decides if the discipline was unjust or within acceptable guidelines. If the discipline or discrimination is found to be unjust, the MSPB must also choose how the ...
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