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2018

Blog Posts in 2018

  • EEOC & NLRB: Differences Over Confidentiality in Workplace Sexual Harassment Investigations

    The Equal Employment Opportunity Commission (EEOC) recently issued a report addressing how employers should respond to sexual harassment complaints in the workplace – a report which has raised questions about the confidentiality of these internal investigations. The EEOC recommends that employers protect the confidentiality of internal sexual harassment investigations as much as possible; however, ...
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  • NLRB Proposes Change to Joint Employer Standard

    On Sep. 13, 2018, the National Labor Relations Board (NLRB) issued a press release about the Board proposing a rule change to its joint employer standard. In the release, it stated that on Sep. 14, the NLRB would be publishing a Notice of Proposed Rulemaking in the Federal Register regarding the NLRB’s joint employer standard. “Under the proposed rule, an employer may be found to be a ...
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  • Common Signs of Retaliation

    Employees who file a complaint against an employer because of unethical or unlawful practices they experience or witness on the job may be subject to retaliatory actions. Fortunately, federal laws prohibit employers from punishing employees for making complaints or participating in workplace investigations. Punishment doesn’t just mean termination or demotion. There are other times when ...
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  • Are Employee Posts on Social Media Protected by Federal Labor Laws?

    Social media has become an essential part of our daily lives. Whether it’s sharing photos of your vacation or staying updated with current events, social media platforms such as Facebook, Instagram, and Twitter enables to interact with the world like never before. Sometimes, however, social media activity can also get you fired. It is not uncommon for an angry employee to post something negative ...
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  • Experienced Medical Leave Discrimination?

    There are a wide variety of reasons you may need to take a leave of absence from your job. Unfortunately, some employers may unfairly and illegally discriminate against those who wish to go on extended leave. Remember, you have rights to take leave and you have certain protections for retaining your job in Washington D.C. Federal Medical Leave Act (FMLA) Under federal law, you have a right to take ...
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  • Female Investigators in DOJ Get Fewer Opportunities

    According to an audit issued by Justice Department Inspector General Michael E. Horowitz, female FBI agents on June 26, ATF agents, DEA agents, and deputy marshals are underrepresented in the ranks of law enforcement. In addition, female investigators are rarely promoted to key jobs at our country’s top law enforcement agencies. In the report, women comprised only 16 percent of the criminal ...
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  • Supreme Court Ruling Eliminates Workers' Ability to File Class Action Lawsuits

    In a case involving the rights of tens of millions of employees in the private sector, the U.S. Supreme Court delivered a severe blow to workers in May, ruling that companies can use arbitration clauses in employment contracts to prohibit employees from banding together to challenge violations of federal labor laws. The vote was 5 to 4, Trump-nominated Justice Neil Gorsuch and four other ...
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  • Trump Takes Steps to Make Firing Federal Workers Easier

    Over a week ago, President Trump issued three executive orders aimed at reducing the time it takes to fire federal employees. The president’s directives emphasize a merit-based system for employees, while cutting down the amount of time required before an agency can terminate a federal worker. In addition, they also encourage federal agencies to fire poor-performing employees rather than initially ...
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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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