Washington, D.C. Lawyer for Title 38 and Title 38 Hybrid Employees
Experienced Legal Representation for Title 38 Employees Nationwide
By hiring an attorney experienced in representing Title 38 employees, you can protect your legal rights in performance and disciplinary matters. At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, our Title 38 employee lawyers can effectively represent your case to the Disciplinary Appeals Board (DAB), or, if you’re a whistleblower, the Merits System Protection Board (MSPB). Our legal team can protect you from facing unjust demotions, transfers, and terminations.
Contact our Title 38 attorneys online or at (202) 350-3881 to discuss your rights and legal options as a Title 38 or Title 38 hybrid employee. Our firm represents federal employees throughout the United States from our office in Washington, D.C.
What Is Title 38?
Title 38 of the U.S. Code outlines the role of Veterans' Benefits in the United States Code. Title 38 employees consist of medical professionals who work at federal agencies such as the Veterans Health Administration and the National Institute of Health (NIH).
While these employees fall under a unique remedial process, they are still legally protected from employer retaliation and workplace discrimination. Title 38 employees also have a different appeals process when it comes to discipline, pay issues, and other personnel or disciplinary matters.
What Does It Mean To Be a Title 38 Employee?
As previously stated, Title 38 employees are medical care providers who are appointed under Title 38 of the U.S. Code. Employees who fall under the Title 38 umbrella are bound to unique employment laws and disciplinary actions.
Title 38 employees include, but are not limited to:
- Doctors
- Physicians
- Optometrists
- Chiropractor
- Podiatrists
- Registered nurses
Some employees are also considered “hybrids” and are covered by Title 38 for appointments and pay matters and Title 5 for performance appraisals and adverse actions. It’s important to discuss your specific situation with an experienced Title 38 lawyer before taking legal action.
What is Considered a 38 Hybrid Employee?
Title 38 hybrid employees include, but are not limited to:
- Respiratory therapists
- Physical therapists
- Audiologists
- Dieticians
- Social workers
- Pharmacists
- Physical therapists
If you are disciplined as a Title 38 federal employee, your case may be investigated and managed by an Administration Investigation Board (AIB). It’s imperative that you have a legal representative present during an AIB hearing. In worst-case scenarios, the AIB may issue a suspension or report the case to your licensing board.
Do I Need a Title 38 Lawyer?
For this reason, you should hire a federal employment law attorney if you feel that your career is being threatened by actions taken by the VA. An experienced attorney can guide you through your case and build a strong legal strategy to combat the following employer actions:
Job transfers without cause
Racial, gender, or age discrimination
Unfair demotions, suspensions, or terminations
Discrimination against whistleblowers
With our extensive resources and knowledge of the law, we fight for our clients' rights, whether it is obtaining injunctive relief to stop adverse action or expunging your professional files after you have been unlawfully disciplined. In order to file a successful claim against a federal employer, you must meet crucial deadlines that are much shorter than those for private-sector employees.
Why Hire The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC
When you contact our attorneys for Title 38 employees, we will:
- Provide you with a sympathetic ear
- Review and consider the facts of your case
- Guide you through the complicated aspects of the law
- Assess the strength of your claims
We can also explain all of your rights under the following acts:
- Title VII of the Civil Rights Act of 1964
- The Age Discrimination in Employment Act
- The Rehabilitation Act of 1973
- The Whistleblower Protection Act
- The Administrative Procedures Act
Our legal team at The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, has helped countless Title 38 employees defend their rights. Contact us to discuss the details of your situation.
Disciplinary Appeals Board Hearings
If your AIB assessment doesn’t go well, you can request to appear before the Disciplinary Appeals Board. This is considered a formal legal hearing, and a Lawyer for Title 38 representation is essential if you want to secure a positive case outcome.
Unique Challenges of Title 38 Employees
Detailing the Appeals Process
Title 38 employees face a distinct appeals process that differs significantly from other federal employees covered under Title 5. When disciplinary actions occur, cases often start with an Administrative Investigation Board (AIB). Employees should gather evidence early, as AIB findings can lead to significant consequences, including referrals to licensing boards.
If the AIB results are unfavorable, the next step is appealing to the Disciplinary Appeals Board (DAB), which involves formal hearings to review evidence and arguments. Title 38 employees must meet strict deadlines, which are typically shorter than those for private-sector or Title 5 employees. Missing these deadlines can forfeit appeal rights.
In some cases, Title 38 employees may need to seek judicial review under the Administrative Procedures Act (APA) for procedural violations or unjust outcomes.
Compared to Title 5 employees, Title 38 employees often lack access to grievance procedures under union agreements, making their appeals process more employer-friendly and emphasizing the importance of a Lawyer for Title 38.
Addressing Specific Legal Issues
Title 38 employees also face unique challenges tied to their roles as medical professionals:
- Pay Disputes: Compensation under the special Title 38 pay system often leads to disagreements over step increases, locality adjustments, or bonus eligibility.
- Promotion Issues: Promotion decisions may be influenced by subjective criteria, opening the door to potential claims of favoritism or discrimination.
- Licensing Risks: Adverse findings during an AIB can threaten professional licenses, critical for employees like registered nurses and pharmacists.
- Workplace Discrimination: Discrimination claims involving race, gender, or age are common, particularly in performance evaluations and disciplinary actions.
- Whistleblower Retaliation: Employees who report unsafe patient care or misuse of resources often face retaliation, such as demotions or transfers. These actions may violate the Whistleblower Protection Act but require careful legal navigation to prove.
With the right legal support, Title 38 employees can address these challenges, protect their rights, and pursue favorable outcomes through proper appeals or litigation.
Contact Our Washington, D.C., Attorney For Title 38 & Title 38 Hybrid Employees Today
At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, we are dedicated to defending the rights of federal employees who are facing performance allegations, workplace discrimination, or retaliation that can endanger their careers. We can help you navigate this complicated legal process and use our skills and experience to litigate on your behalf in court.
Contact The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC at (202) 350-3881 to schedule a consultation with our Title 38 attorneys.
