Best Federal Employment Attorney

Federal employment lawyers help employees get justice and compensation if they were harassed, discriminated against, wrongfully terminated, or experienced another unjustified adverse employment action.

• Protect your legal rights as a federal employee
• Walk you through your legal options for getting justice and compensation
• Represent you at Merit System Protection Board (MSPB) hearings
• Help you file a charge with the US Equal Employment Opportunity Commission (EEOC)
• In cases of whistleblower retaliation, assist you with filing a claim with the US Office of Special Counsel
• Represent your best interests at mediation or arbitration hearings
• Ensure your paperwork is completed and filed before critical deadlines
• Gather and present evidence to prove your employment claim
• Calculate your damages
• File a lawsuit in a federal court

Morgan & Morgan knows how devastating a wrongful termination or demotion can be for federal employees and their families. Workers might be enduring harassment, discrimination, or a hostile work environment because they worry about losing their jobs or career prospects when speaking up. 

It does not have to be this way. Morgan & Morgan’s seasoned attorneys can be by your side when you need to protect yourself from retaliation, file an MSPB appeal, or file a charge with the EEOC. 

Filing a federal employment lawsuit can involve numerous steps. Generally, employees may not file an official lawsuit until they have exhausted all administrative remedies. In the first instance, federal employees must file a formal discrimination complaint through their agency’s Equal Employment Opportunity Office (EEO). The agency will then investigate the claim. During this investigation, you may be able to file a lawsuit in federal court in the following circumstances:

• 180 days have passed since you filed your formal complaint, and the EEO has not issued a final agency decision 
• Within 90 days of receiving the final agency decision (FAD), providing no appeal has been filed
• 180 days have passed since you file your appeal, and you have not received a decision from either the EEOC or the Office of Federal Operations (OFO)
• Within 90 days of the OFO’s decision on your appeal 

Filing a federal lawsuit can be a daunting task without a federal employment lawyer by your side. The first step of your suit is filing a written complaint together with the court filing fee payment. You are then responsible for serving the complaint on the US Attorney responsible for your state, the US Attorney General, and the head of your federal agency. A federal employment attorney can take care of all the formalities and ensure that the paperwork is completed correctly and on time. 

Just like other employees, federal employees are entitled to free speech and have the right to their opinions regarding political candidates and parties. However, federal employees may only participate in political activities outside of work, using their personal computers and phones.

The Hatch Act, which applies to all federal employees in the executive branch of government, specifically prohibits:

• Carrying out any partisan political activity while on duty, wearing a uniform, in a federal facility, or using a government vehicle
• Receiving political contributions 
• Using official authority, leverage, or title to influence an election result 

According to the US Department of Justice (DOJ), government employees must always be aware of what they can and cannot post on social media. Political posts and comments should not link an employee’s personal opinion to their federal title or position. Senior executive federal employees may have further restrictions regarding political activities. 

If you were fired from your government job because you expressed a political opinion as a private citizen, you could have a wrongful termination claim.  

Just like other employees, federal workers are protected against unlawful discrimination. Federal employers may not fire you, fail to hire, or discriminate based on your race, color, national origin, disability, or other legally protected reasons. In addition, government employees enjoy protection under the Age Discrimination in Employment Act (ADEA), which determines that an employer may not discriminate against employees aged 40 and over. 

If a federal employee feels wrongfully dismissed, they can file an appeal with the Merit Systems Protection Board (MSPB). The MSPB was established in 1979 as an independent, quasi-judicial agency designed to protect federal merit systems. The agency hears appeals from federal employees regarding suspensions, terminations, reductions in pay, and other adverse employment actions. 

After filing a wrongful termination appeal with the MSPB, the agency and employee engage in a discovery phase where both sides gather evidence and information regarding the case. Discovery can include depositions, requests for documents, or interrogatories (written questions from one party that must be answered by the other). 

Administrative Law Judge Hearing

The next step is a hearing in front of an Administrative Law Judge (ALJ), with both sides presenting evidence for their case. The ALJ will come to a decision after reviewing the evidence. If you win the case, you could qualify for reinstatement, back pay, and attorney’s fees. If the ALJ does not decide in our favor, you can file a lawsuit in federal court. 

Having an experienced lawyer by your side can be critical when filing a wrongful termination appeal. The best federal employment attorneys will be familiar with handling MSPB appeals and can gather crucial evidence for your hearing. 

Our federal employment attorneys can represent employees in various disputes, including but not limited to: 

• Wrongful termination
• Discrimination 
• Sexual harassment
• Retaliation
• Hostile work environment
• Medical or family leave violations

Workplace harassment can take numerous forms, and anyone can be a victim. However, to have a case, workplace harassment must be based on protected characteristics such as sex, race, age, disability, and others. Examples of illegal workplace harassment can include physical, verbal, and emotional harassment, such as:

• Insults and racial slurs
• Inappropriate and offensive jokes 
• Physical threats and intimidation
• Imposing unreasonable deadlines or undesirable tasks on a particular employee
• Inappropriate comments about an employee’s appearance 
• Criticizing an employee’s sexual orientation
• Sending threatening emails or text messages to a coworker
• Unwanted touching
• Physical violence
• Sexual harassment

Work harassment can be a gray area, especially if the behaviors are not overt. In some cases, victims of harassment stay silent and do not want to create a “fuss,” allowing perpetrators to get away with their egregious behaviors. Victims may also be concerned about retaliation if they report harassment. However, if you are impacted by a toxic work environment and suffer repeated harassment, you should report the issue and seek legal advice. 

The deadline for filing federal employment claims can be prohibitively short and may vary depending on your case. Therefore, we urge federal employees with legal issues to come forward and determine their options as soon as possible. Some employees may only have 45 days to act and file a notice of claim. If you file a charge with the EEOC, you should generally do so within 180 days, although the deadline may be extended to 300 days in some circumstances.  

Knowing how much time you have to file a federal employment claim can be complicated. Working with an experienced federal employment attorney ensures you do not miss any vital deadlines and sink your claim.
 

When a federal employee suffers an injury at work or a work-related condition, they are generally covered by federal workers’ compensation. Therefore, federal employees, as a general rule, cannot sue the government for damages. 

Attorney’s fees can vary drastically from one attorney to another. Federal employment lawyers tend to charge hourly, which can work out costly for clients. The average hourly fee for a federal employment attorney can be hundreds of dollars, depending on experience and location. Clients are generally responsible for paying the attorney’s fee whether they win or lose their employment claim. 

Morgan & Morgan believes federal employees deserve the best shot at asserting their employment rights and getting compensation. If we take your case, you do not pay a dime out of your own pocket. We only get paid if and when we win and recover damages for you. 

Federal employees who suffered mistreatment at work need to know their rights and how they can seek justice for unjust adverse employment actions. Federal employment claims can be complicated, lengthy, and involve numerous administrative procedures. If you are thinking of taking on the government, you need the best federal employment attorney to fight for justice on your behalf. 

Morgan & Morgan has your back. We know how discrimination and other labor law violations can affect your emotional and physical health. Moreover, being wrongfully terminated or seeing your career prospects shattered can cause financial chaos. Get help today and contact us for a free, confidential consultation to learn about your rights as a federal employee.