Performance Cases Representing Federal Employees for over 30 Years

Attorney for Federal Performance-Based Action Cases

Federal Employment Attorneys

If you're a federal employee facing scrutiny for your performance, it's crucial that you take the allegation seriously and proactively prepare for your response, and to participate in a performance improvement period (PIP). A proposed demotion or removal for unacceptable performance can have a devastating effect on your career and potentially harm your employability. At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, we understand the need for strategic and creative planning to protect our clients' interests.

Our dedicated legal team can guide you through your performance actions case and work towards a favorable solution. Contact us online or call us at (202) 350-3881 today.

A performance action can often result in:

A Performance Improvement Plan (PIP)
Undesirable transfer
Demotion
Termination

If you have recently received a poor performance rating, talk to an attorney who cares about your case. Contact The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, and let's discuss how to move forward with your issue. Attorney Mahoney has published a book chapter on responding to performance cases. As a result, we can review whether you have been unfairly targeted and identify ways to respond to a PIP to avoid adverse action.

Understanding Your Rights in Federal Employment

Navigating the complexities of federal employment can be daunting, especially when facing performance-based actions. At The Law Firm of John P. Mahoney, Esq., we believe that every federal employee deserves to understand their rights and protections under the law. Our experienced attorneys are dedicated to empowering you with the knowledge you need to advocate for yourself effectively.

Here are some key rights that federal employees should be aware of:

Due Process Rights: Federal employees have the right to a fair process before any disciplinary action is taken, including the right to respond to allegations.
Right to Representation: Employees can seek representation from a union representative or an attorney during performance evaluations and hearings.
Protection Against Retaliation: It is illegal for employers to retaliate against employees for asserting their rights or reporting unfair practices.
Appeal Rights: If you receive a poor performance rating or face disciplinary action, you have the right to appeal the decision through established channels.

Understanding these rights is crucial in ensuring that you receive fair treatment in the workplace. Our team is here to guide you through the intricacies of federal employment law, helping you to protect your career and secure the outcomes you deserve. Contact us today to learn more about how we can assist you in navigating your federal employment challenges.

Frequently Asked Questions About Federal Employment Law

At The Law Firm of John P. Mahoney, Esq., we understand that navigating federal employment law can be complex and overwhelming. To help empower our clients and provide clarity, we’ve compiled a list of frequently asked questions. Whether you are facing a performance-based action or need guidance on your rights, our experienced attorneys are here to assist you.

Common Questions:

What is a performance-based action?
A performance-based action occurs when a federal employee faces disciplinary action due to unsatisfactory job performance. It’s crucial to understand your rights and possible defenses against such actions.
Am I protected from retaliation?
Yes, federal law protects employees from retaliation for reporting workplace discrimination or engaging in whistleblowing activities. If you believe you are experiencing retaliation, it’s essential to consult with an attorney about your options.
How long do I have to file a complaint?
In general, you must file a complaint within 45 days of the discriminatory act. However, timelines can vary based on the specific nature of your case. Consulting with our skilled attorneys can help you understand the deadlines applicable to your situation.
What should I do if I am contacted about an investigation?
If you are contacted regarding a federal investigation or hearing, it’s crucial to seek legal counsel immediately. An experienced attorney can help guide you through the process and protect your rights.

If you have additional questions or need more personalized assistance, contact us today for a consultation. Our legal team is dedicated to fighting for your rights and providing the support you need throughout your case.

Why Choose Us for Your Federal Performance-Based Action Cases?

At The Law Firm of John P. Mahoney, Esq., we understand that navigating federal employment issues can be complex and daunting. Our experienced attorneys are dedicated to providing personalized legal guidance tailored to your unique situation. We pride ourselves on our commitment to client advocacy and our comprehensive understanding of federal employment law. Here’s why you should choose us:

Proven Track Record: With numerous successful cases under our belt, we have established a reputation for achieving favorable outcomes. You can trust us to fight for your rights.
Experienced Legal Team: Our attorneys specialize in federal performance-based actions, allowing us to stay updated on the latest legal precedents and strategies that work.
Client-Centered Approach: We prioritize your needs and keep you informed at every step of the legal process. Your concerns are our concerns, and we are here to support you.

Don’t let the complexities of federal employment issues overwhelm you. Reach out to our firm today to discuss how we can assist you in achieving the justice and compensation you deserve.

Defending Against Unfair Performance Ratings

1. How to Identify and Gather Evidence

Inconsistent Feedback: Compare your formal review with prior informal feedback. Discrepancies may indicate bias.
Benchmark Comparisons: Analyze how your ratings compare to colleagues in similar roles; unjust differences could signal unfair treatment.
Documentation: Keep records of your accomplishments, emails, and positive feedback to counter performance claims.
Unrealistic Expectations: Document any sudden changes in job expectations or lack of support.
Bias: Identify potential retaliation or discriminatory behavior and gather any supporting evidence.
Witness Statements: Colleagues familiar with your work can provide supporting testimonies.

2. What Constitutes an Unfair Evaluation?

Discrimination: Ratings based on race, gender, or other protected factors.
Lack of Specificity: Reviews that fail to provide clear examples of underperformance.
Unachievable Standards: Ratings based on unreasonable or changing expectations.
Lack of Support: Unfair if you weren’t given adequate training or resources to succeed.

What Happens If I Get a Poor Federal Performance Rating?

In recent years, a wide range of new policies were passed with the intent of making it easier to penalize poor performers in federal workplaces.

In October of 2020, The Office of Personnel Management issued new regulations establishing how managers should handle employees with poor performance ratings. The guidelines, which went into effect in November, enacted the following procedures:

Employees with poor performance ratings will receive a notice from their supervisor concerning their performance, as well as metrics they should attempt to pass to improve their performance. However, compared to previous federal employee policies, employees now have shorter deadlines to improve their performance, and require fewer formal notices of their performance rating.
Agencies now have no obligation to employees to help them improve poor performance;
Employees who are accused of poor performance now have less time to respond to those allegations;
Agencies are now responsible for reminding supervisors when workers who are under probation for poor performance are about to see their probation periods expire;
Agencies are now restricted from removing or changing information in an employee's personnel record if an employee with a poor performance rating achieves some sort of settlement agreement with the agency before leaving their position;
There are now mandatory procedures agencies can take to respond against supervisors who retaliate against whistleblowers.

Generally, employees who receive a poor performance rating will receive a formal notice from their supervisor informing them of how they failed to meet the expectations of their position, and what sort of achievements the employee must make to rectify those errors.

In certain situations, the employee may be placed under probation while they attempt to improve their performance.

Employees are usually given a certain timeframe for improving their performance. If they fail to successfully improve their performance even after multiple formal notices and chances to do so, they may be removed from their position.

Understanding Your Rights in Federal Employment

Here are some key rights that federal employees should be aware of:

Due Process Rights: Federal employees have the right to a fair process before any disciplinary action is taken, including the right to respond to allegations.
Right to Representation: Employees can seek representation from a union representative or an attorney during performance evaluations and hearings.
Protection Against Retaliation: It is illegal for employers to retaliate against employees for asserting their rights or reporting unfair practices.
Appeal Rights: If you receive a poor performance rating or face disciplinary action, you have the right to appeal the decision through established channels.

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"Human Element/Experienced"
John is clearly a very knowledgeable and highly experienced attorney, but what has meant the most to me during this process is the human approach he has taken. Any process like this can be stressful and difficult but John has tried to make it as painless as possible. Can’t put a price tag on that human element.

- R.
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John explained the process thoroughly, helping me understand my options and the potential next steps. His knowledge and experience were evident, and he made me feel confident that I was speaking with someone who truly understands the complexities of my cas

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Our initial consultation confirmed to me that I made the right decision to contact Mr. Mahoney. He listened to what I had been able to accomplish so far, and then formulated a plan to address my specific situation. Mr. Mahoney is so well versed in governme

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The BEST decision I ever made was to contact the The Law Firm of John P. Mahoney, Esq. I had navigated through the EEOC process without legal representation up until the Formal complaint process. Days before my hearing with the Administrative Judge, I real

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Attorney Mahoney personally handled my case and set my mind completely at ease. Attorney Mahoney is savvy and professional. He knows the tricks that the government plays and how to counteract them. I put my full faith and trust in the John Mahoney Law Firm.

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Spoke with John Mahoney, discussed the details of my circumstances and situation outlining an entire years of issues and updated him on the recent retaliation situation.

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Ms. Lolotai demonstrated exceptional knowledge of Civil Service Law in representing me in an Equal Opportunity Complaint regarding a position classification appeal. She has the practical application experience to conduct settlement agreements and successfully represented me in securing a negotiated settlement and avoiding lengthy litigation.

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Recognized Leader in the Field Published Case Victories & Publications

John Mahoney, who is a former federal Administrative Judge, is regularly highlighted in the news and often writes and presents on matters of federal employment law. He is recognized as a leader in the field due to his impressive track record, which includes everything from recovering hundreds of thousands of dollars in compensation from the EEOC for clients in discrimination and retaliation cases to effecting changes in federal employment law and reversing MSPB decisions. For federal employee legal representation, contact us today (202) 350-8881.

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Local Insights for Federal Employees in Washington, D.C.

As a federal employee in Washington, D.C., you are part of a unique workforce that faces specific challenges, especially when it comes to performance-based actions. The District of Columbia is home to numerous federal agencies, and with that comes a competitive environment where performance evaluations can significantly impact your career trajectory. Local resources, such as the Office of Personnel Management and the D.C. Government, provide guidelines and support for federal employees, but navigating these systems can be overwhelming without proper guidance.

Many employees in the D.C. area report feeling the pressure of high expectations and the fear of repercussions from performance ratings. The recent changes in federal employment policies have made it even more critical to understand your rights and the processes involved.

At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, we recognize the unique pressures faced by federal employees in Washington, D.C. Whether you work at the Department of State or the Department of Homeland Security, we can help you address your concerns regarding performance evaluations and potential adverse actions. Our team understands the local landscape and the specific pain points that can arise in this competitive environment, including the fear of job loss and the impact on your future employability.

We encourage you to reach out to us if you are facing a performance action. Our dedicated legal team is well-versed in the intricacies of federal employment law and can help you navigate the complexities of your situation. Together, we can work towards a favorable resolution that protects your career and upholds your rights.

Why Choose Us for Your Federal Performance-Based Action Cases?

Proven Track Record: With numerous successful cases under our belt, we have established a reputation for achieving favorable outcomes. You can trust us to fight for your rights.
Experienced Legal Team: Our attorneys specialize in federal performance-based actions, allowing us to stay updated on the latest legal precedents and strategies that work.
Client-Centered Approach: We prioritize your needs and keep you informed at every step of the legal process. Your concerns are our concerns, and we are here to support you.

Don’t let the complexities of federal employment issues overwhelm you. Reach out to our firm today to discuss how we can assist you in achieving the justice and compensation you deserve.

How Can I Challenge Allegations of Poor Performance?

Our lawyers are based in Washington, D.C., and bring decades of experience defending federal employees against performance actions and other allegations that can jeopardize their careers. We have been effective at negotiating with federal agencies and getting these proposals reduced or reversed altogether. We do everything we can to advocate for our clients and protect their interests.

Contact our office online or at (202) 350-3881 to schedule your initial consultation.

Frequently Asked Questions About Federal Employment Law

Common Questions:

What is a performance-based action?
A performance-based action occurs when a federal employee faces disciplinary action due to unsatisfactory job performance. It’s crucial to understand your rights and possible defenses against such actions.
Am I protected from retaliation?
Yes, federal law protects employees from retaliation for reporting workplace discrimination or engaging in whistleblowing activities. If you believe you are experiencing retaliation, it’s essential to consult with an attorney about your options.
How long do I have to file a complaint?
In general, you must file a complaint within 45 days of the discriminatory act. However, timelines can vary based on the specific nature of your case. Consulting with our skilled attorneys can help you understand the deadlines applicable to your situation.
What should I do if I am contacted about an investigation?
If you are contacted regarding a federal investigation or hearing, it’s crucial to seek legal counsel immediately. An experienced attorney can help guide you through the process and protect your rights.

Continue Reading Read Less

Your Committed Attorneys We will vigorously fight to protect your rights and best interests.

When you come under scrutiny by the federal government, the experience can be intimidating. With us working on your behalf, we will make sure that you are given obtainable solutions in a timely manner.

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