Blog Posts in 2018
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Can You Get Fired from Off-Duty Misconduct?
Posted By John P. Mahoney, Esq., Attorney at LawWhether it’s getting arrested for a drunk driving over the weekend or posting something offensive on social media, it is possible for federal agencies to discipline employees due to misconduct that occurs outside office hours, depending on the circumstances of each case. Keep in mind, federal employers must determine a connection between an employee’s actions outside of office hours and how they ...Continue Reading -
What to Do If Hostile Working Conditions Affect Your Mental Health
Posted By John P. Mahoney, Esq., Attorney at LawWhile many people often think of on-the-job injuries as physical (i.e. back injuries, repetitive stress injuries, broken bones, etc.), psychological injuries can be just as devastating. Some jobs are so stressful that they have an impact on an employee’s mental health. When it comes to the federal sector, an employee subject to a hostile environment in the workplace can develop or aggravate the ...Continue Reading -
EEOC & NLRB: Differences Over Confidentiality in Workplace Sexual Harassment Investigations
Posted By John P. Mahoney, Esq., Attorney at LawThe 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, ...Continue Reading -
NLRB Proposes Change to Joint Employer Standard
Posted By John P. Mahoney, Esq., Attorney at LawOn 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 ...Continue Reading -
Common Signs of Retaliation
Posted By John P. Mahoney, Esq., Attorney at LawEmployees 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 ...Continue Reading -
Are Employee Posts on Social Media Protected by Federal Labor Laws?
Posted By John P. Mahoney, Esq., Attorney at LawSocial 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 ...Continue Reading -
Experienced Medical Leave Discrimination?
Posted By John P. Mahoney, Esq., Attorney at LawThere 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 ...Continue Reading -
Female Investigators in DOJ Get Fewer Opportunities
Posted By John P. Mahoney, Esq., Attorney at LawAccording 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 ...Continue Reading -
Supreme Court Ruling Eliminates Workers' Ability to File Class Action Lawsuits
Posted By John P. Mahoney, Esq., Attorney at LawIn 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 ...Continue Reading -
Trump Takes Steps to Make Firing Federal Workers Easier
Posted By John P. Mahoney, Esq., Attorney at LawOver 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 ...Continue Reading -
What is Constructive Discharge?
Posted By John P. Mahoney, Esq., Attorney at LawWhether 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 ...Continue Reading -
DOJ Releases New Sexual Harassment Guidelines
Posted By John P. Mahoney, Esq., Attorney at LawIn 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 ...Continue Reading -
Can I File a Defamation Lawsuit Against My Former Employer?
Posted By John P. Mahoney, Esq., Attorney at LawDefamation 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. ...Continue Reading -
How to Document Sexual Harassment
Posted By John P. Mahoney, Esq., Attorney at LawContinue Reading
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
Posted By John P. Mahoney, Esq., Attorney at LawAs 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 ...Continue Reading
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