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Qualifying for Disability Retirement
Sometimes, due to disease or injury, a Federal employee will find that they are in a position where they are no longer able to successfully perform the duties of their position. When this occurs, that employee may be eligible to apply for disability retirement. The application process is not fast, nor is it always straightforward, and there are strict criteria that must be met in order for a federal employee to qualify.
April 22, 2016
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The EEO Investigative Interview
When a federal employee wants to file a complaint of discrimination, the employee must first file the claim with their employing agency. Once the agency accepts the employee's claims for investigation, the agency is required to conduct a complete and impartial investigation into the claims.
April 14, 2016
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Damages Available for Discrimination
When an employee, applicant, or former employee faces discrimination, that employee has a right to damages resulting from that discrimination. However, the damages available to an employee are not unlimited, nor are damages available in every situation.
April 7, 2016
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Freedom of Information Act Requests
Submitting requests under the Freedom of Information Act can be helpful in developing a discrimination case. For many federal employees, proving a claim of discrimination is not as straightforward as providing irrefutable, direct evidence of discrimination. Discrimination is illegal, and no one is going to be issued a disciplinary action that states "You are being fired because of your race." This just does not happen. However, that is not to say that discrimination does not happen: it certainly does.
March 31, 2016
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MSPB Mediation Appeals Program (MAP)
The Merit Systems Protection Board (MSPB) offers its Mediation Appeals Program (MAP) as an informal alternative for resolving appeals before the Board. Participation in MAP is voluntary and is designed to help parties to an MSPB Appeal resolve their dispute without proceeding to a full hearing in front of an Administrative Judge.
March 24, 2016
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Whistleblower Retaliation
While it is illegal to retaliate against someone for making a whistleblower disclosure, retaliation does occur. A federal employee or applicant who blows the whistle and then faces retaliation for their actions does have recourse. The employee or applicant can file a claim of whistleblower retaliation with the Office of Special Counsel, commonly referred to as "OSC."
March 17, 2016
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Whistleblower Disclosures
If a federal employee, whether current or former, or an applicant for federal employment notices wrongdoing in the workplace, that employee can, generally, disclose their concerns to the Office of Special Counsel.
March 10, 2016
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Preparing for the Formal Investigation
When a federal employee files a formal complaint of discrimination with their agency, the agency is required to conduct a formal investigation into the complaint. This investigation is used to determine the facts of the case and develop a record of evidence regarding the allegations in the complaint. A formal investigation will result in the production of a Report of Investigation, which can be relied upon if a complaint moves forward.
March 3, 2016
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The Douglas Factors
Federal employees are expected to conduct themselves appropriately both on and off the job. In some cases, a federal employee's conduct can lead to disciplinary actions being taken against them, or even termination. When a Federal Agency decides to discipline an employee based on the employee's conduct, the Douglas Factors must be considered when the Agency determines the employee's penalty.
February 25, 2016
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Mixed Cases at the EEOC & MSPB
A mixed case arises when a federal employee is terminated or constructively discharged and believes that the reason for the termination or constructive discharge was discriminatory.
February 17, 2016
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Prohibited Personnel Practices
Prohibited Personnel Practices are investigated by the Office of Special Counsel, and fall into the following categories:
February 11, 2016
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Merit Systems Protection Board Appealable Actions
The Merit Systems Protection Board, commonly called the MSPB or the Board, has jurisdiction over only certain agency actions. In order to file an appeal with the MSPB, a federal employee must meet two sets of criteria: the employee must have appeal rights to the MSPB, and the employee must be seeking to appeal a matter over which the MSPB has jurisdiction.
February 10, 2016
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Contact us today
If you're a federal employee and feel you've been the victim of unlawful discrimination involving MSPB claims or EEO claims, our experienced federal employment attorneys stand ready to fight on your behalf. Give us a call today at (404) 724-0000 or fill out the form below and we'll be sure to follow up in a timely manner.
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what our clients are saying
“I really appreciate how much Melville Johnson cared about my case. From the very beginning of the process, their federal employee attorneys were friendly and very informative. We won the case, and they were even helpful afterwards, answering any questions or concerns. Thank you Melville Johnson, and I will definitely pass your good work along to others in need.”
- Jim R.
- Jim R.
“Despite the complexity of my situation, Melville Johnson took on my claim and immediately put me at ease with a clear demonstration of their expertise with EEO law. From the very start, the firm’s team members have been amazing to work with—hardworking, honest and extremely trustworthy. I would recommend them to anyone who needed this type of legal assistance!”
- Bridget B.
- Bridget B.
“As a person with a disability working for the federal government, I knew I needed to get the right legal professional assistance for my case. And while the process could have been tedious and overwhelming for a layperson without much legal knowledge, Melville Johnson alleviated all the potential stress involved by taking the guesswork out of my hands. With their help, I received disability approval in record time! I want to thank you for the superior work your firm performed. From my very first contact, your Client Intake Manager took the time to answer all of my initial questions and provide detailed information at every turn. And your attorneys showed nothing but professionalism and kindness throughout the process.”
- Sandra B.
- Sandra B.
“The consummate professionals at Melville Johnson work closely with you to ensure your rights are being protected. As a current federal employee, I found myself in a situation where the job I was asked to do didn’t match the position description for which I was hired nor the compensation I deserved. With the firm’s help, I was able to obtain back pay and transfer into a position that matched the job I was performing."
- L.M.
- L.M.
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(404) 724 - 0000
115 West Peachtree Pl. N.W. Unit 1
Atlanta, Georgia 30313
Atlanta, Georgia 30313
Copyright 2020
Melville Johnson, P.C.
All Rights Reserved
Melville Johnson, P.C.
All Rights Reserved
Privacy Policy