Our firm has had the honor of representing federal employees in a variety of proceedings, including U.S. Office of Special Counsel investigations, the Merit Systems Protection Board (MSPB) hearings, Federal EEO proceedings and jury trials in federal court.
The MSPB provides federal employees with the opportunity to appeal adverse personnel actions, including removal, reduction, suspension, whistleblower reprisal and other similar actions.
The MSPB also hears complaints of alleged violations of the Uniformed Services Employment and Re-Employment Rights Act (USERRA) and the Veterans Employment Opportunities Act (VEOA). Postal Service employees may only appeal to the MSPB if they are veteran-preference eligible employees with at least one year of continuous service.
Federal EEO Claims
Federal employees are subject to extremely short timeframes for bringing claims of discrimination based on race, age, sex, disability, national origin or religion. Such claims must be initiated through an informal EEO complaint within 45 days.
After an informal complaint is filed and reviewed, a formal complaint must be brought within a specific time period. Failure to observe these time periods will result in a loss of any rights a federal employee may have to pursue a claim of discrimination.
After a formal complaint is filed, it is very important for the employee or his or her attorney to specify the exact issue to be investigated. Federal employee EEO claims are subject to a much more extensive investigative process than are claims by private employees and it is generally helpful to have a full and complete review of the witnesses and issues involved in the complaint.
If the employee fails to designate the appropriate issue for investigation, the employee will be prevented from pursuing any other issues in the future.
Once an investigation is completed or a specified period of time has elapsed, the employee may request a hearing before an administrative law judge or ma pursue a claim in federal court.
Our office has provided thorough representation on behalf of federal employees in the investigative process and also in hearings before administrative law judges. We have also represented federal employees in court, and have successfully litigated discrimination claims before federal court juries.
Should you wish to discuss these matters further, please contact us at our Jacksonville law offices today to schedule a meeting or fill out a questionnaire that will help us to determine how we can be of assistance to you.
Questionnaires and Labor Law Issues
Recent Awards: Tad Delegal Presented the 2017 Non-Compete Seminar portion of the Florida Bar's Certification Review Course