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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
How much do you make for the work you perform? Are you confident you are being paid a fair amount for it? Such questions are common in the mind of employees in all fields and businesses, from the teenager working the register in a candy store to a high level executive in a multinational corporation. A simple way to find out if you are being paid correctly and fairly is talking about your salary or ...
If you are a federal employee who has been subject to investigation and have received a proposed disciplinary action, our DC federal employment attorneys of John P. Mahoney, Esq., Attorney at Law want to help you respond. This is a critical circumstance, and it is essential you plan your next few steps accordingly. As a federal employee in this particular situation, you may be facing demotion, ...
If you are a federal employee , it makes sense you would one day come across a situation in which you believe illegal activity is occurring--whether it be a waste of funds, abuse of authority, mismanagement, threat to public health and safety, etc. In such scenarios, it would be best for you to report anything you see in the name of upholding your moral code and keeping people responsible.This is ...
Federal agencies are forbidden from discriminating in their hiring processes based on things like race, gender, religion, national origin, age, disability, and a number of other factors thanks to Equal Employment Opportunity legislation (EEO). While this has been the law for quite some time, there are still instances in which this discrimination occurs. If you feel as though you have been the ...
No matter how large or small your business is, you are bound by state and federal hiring laws. Deciphering these laws can be tricky, but noncompliance can be costly. You may find yourself facing large fines and other punishments for a simple mistake. Here are some common areas where employers make mistakes that can cost them. Application Forms Employment application forms are useful to employers ...
The Office of Special Counsel (OSC) handles complaints made by federal employees against federal agencies or supervisors regarding prohibited personal practices and violations of the Hatch Act. These complaints frequently involve retaliatory action against whistleblowers. They may also involve complaints against employees holding specific government positions that are forbidden from engaging in ...
Federal employees are evaluated by supervisors every year, which are important to the employee’s career. If you hear you’re being considered for a performance employment plan, you should be wary: these are not always what they seem. Performance improvement plans are built as your federal agency giving you a chance to improve and grow in your position to help you succeed at your job. However, in ...
Security clearance grants individuals access to classified national security information. Whether you are a federal employee or a private contractor, your ability to keep your job may depend on achieving security clearance. The process to receive security clearance often involves a background check and application. However, there are many factors that may cause your clearance to be denied. If your ...
Federal employment investigations are conducted by federal agencies to determine if disciplinary or adverse actions are necessary. If you are under investigation, you must cooperate and provide any information that is required. You should also obtain experienced legal assistance, as the security of your job could be at stake. Our federal employment attorney in D.C. has guided hundreds of clients ...
Congress has immense legislative powers and thorough control over how politicians and federal government employees behave professionally. Although there is nothing within the Constitution of the United States that explicitly gives Congress the ability to investigate potential wrongdoings, it possesses this ability all the same due to its inherent purpose. When Congress decides to look into ...
A recent report from the United States Merit Systems Protection Board (MSPB) has issued information about the prohibitions pertaining to nepotism in the Federal civil service. There are a number of statutes prohibiting an employee from helping relatives obtain employment in the civil service. These include: 18 U.S.C. § 208 - Prohibitions 5 U.S.C. § 2302(b)(7) – Governs the federal civil service 5 ...
If you belong to the United States Military, or act as an agent for most other government entities, you are expected to follow a chain of command (COC) and respect the orders of your superiors. There are also times when you must obey the commands of a superior officer or agent from a government branch that is not even your own. The COC is meant to keep the military and the federal government ...
One of the Prohibited Personnel Practices (PPP) as established by the United States Merit Systems Protection Board is coercing political activity. This PPP is heavily influenced by the Hatch Act, which was formed with the direct intent to keep biased political influence out of the political system of the federal government. In particular, the Hatch Act seeks to stop the creation of an “invincible ...
The United States Merit Systems Protection Board (MSPB) has outlined a series of 12 Prohibited Personnel Practices (PPP) that federal and government employees, employers, and agencies must avoid. As first mentioned in the Pendleton Act of 1883, the adherence to this set of guidelines and the elimination of PPP throughout the government should assure the faithful, responsible, and fair management ...
Although you may have never heard of the Merits Systems Protection Board ( MSPB ), this independent agency of the executive branch may become one of your only allies if you are penalized in a federal workplace without due cause. The mission statement of the MSPB directly claims that the agency is there to “promote an effective Federal workplace” that does not engage in prohibited practices, such ...
The Equal Employment Opportunity Commission ( EEOC ) was created as part of the Civil Rights Act of 1964 to help ensure discrimination did not exist or persist in federally controlled workplaces. Since its establishment, it has since grown and adopted the responsibility of helping ensure fair employment and hiring practices around the country, not necessarily only in federal government positions ...
When a federal employee is accused of misconduct, an investigation will be conducted before deciding whether or not disciplinary action will be taken. These investigations can be related to a wide range of alleged violations, including discrimination , negligence, harassment, poor management, or misuse of funds. Federal agencies oftentimes use the legal net of “conduct unbecoming a federal ...
