What Federal Employees and Retirees Need to Know About Dividing Federal Retirement and Other Benefits During Divorce
Attorney Kimberly H. Berry discusses issues pertaining to court orders that award retirement and other benefits to former spouses of retired federal employees in the January 2018 issue of the National Active and Retired Federal Employees Association (NARFE) magazine.
Federal employees and their spouses should be aware of the special rules governing federal retirement benefits while negotiating the terms of their divorce.
Former federal employees who retire prior to reaching the minimum retirement age or required length of service and withdraw from their retirement contributions based on misinformation can potentially redeposit their retirement contributions.
Discrimination and EEO
Hostile Work Environment claims for employees are discussed in this article.
Until the last few years, employees had very few, if any, protections from discrimination in the workplace due to their sexual orientation. However, there have been some significant changes to sexual orientation discrimination laws and enforcement in recent years.
Federal Adverse and Disciplinary Actions
The importance of hiring a federal employment attorney for federal employee investigations
When federal employees receive proposed disciplinary actions, there are a number of important issues that they must consider before submitting a response.
Federal employees facing indefinite suspension without pay must be provided with a written notice, an opportunity to respond, and due process.
Federal employees facing a Performance Improvement Plan (PIP) should take the process very seriously.
One of the most important areas in defending federal employees in agency disciplinary and adverse action cases involves arguing the application of the Douglas factors.
Federal Erroneous Retirement Coverage Corrections Act (FERCCA)
Federal Erroneous Retirement Coverage Corrections Act (FERCCA) errors can arise when a federal employee experiences a break in service, especially during the mid-1980s when the Federal Employees Retirement Systems (FERS) plan was created.
Merit Systems Protection Board (MSPB)
Federal employees who represent themselves in their own Merit Systems Protection Board (MSPB) appeal should know that the process is very similar to court proceedings and has a number of legal technicalities.
It is important for a federal employee to take advantage of the discovery process during an MSPB appeal by utilizing Production Requests. The amount of information that one can uncover through this process can make all the difference in pursuing a successful appeal.
This article focuses on what federal employees can expect during a typical MSPB hearing.
Before federal employees can be disciplined for alleged misconduct or performance deficiencies, they are entitled to due process of law.
During the litigation of MSPB appeals, the pre-hearing written submission and pre-hearing conference are important.
When federal employees receive a final federal agency decision sustaining a removal or significant suspension of 15 days or more, there are two possible options if they want to appeal the final decision.
Deposing key witnesses during an MSPB appeal can potentially increase a federal employee’s ability to obtain a positive settlement or hearing result in a case if important facts are uncovered during the process.
It is important for federal employees to understand how a federal agency will attempt to prove its allegations against them during an MSPB Appeals hearing process.
Federal employees who plan to initiate an MSPB appeal should file in a timely manner and follow proper guidelines.
MSPB Retirement Appeals
The Merit Systems Protection Board (MSPB) recently held that when the Office of Personnel Management (OPM) fails to issue a final appealable decision, engaging in substantial delays, the MSPB may be able to hear the appeal on the merits without waiting for a formal decision from OPM.
OPM Disability Retirement
Position Description issues in OPM disability retirement
The following five questions identify a few of the initial considerations that federal employees should examine when determining whether they should pursue OPM disability retirement.
Federal employees considering disability retirement should seek legal advice early to avoid potential mistakes.
Understanding the Whole-Person Concept in Security Clearance Cases
Responding in a timely and accurate fashion to a Statement of Reasons can provide a federal employee or government contractor with the best opportunity to mitigate security concerns raised in connection with a security clearance.
Federal employees and contractors holding a security clearance have a duty to self-report serious security concerns or they will risk losing their security clearance.
Federal agencies may consider disclosing an individual’s criminal violations to law enforcement if investigators or polygraphers come across them in the security clearance process.
There are a number of security concerns relating to psychological conditions that can be potentially mitigated if the right evidence is presented.
When federal government contractors lose their security clearance or are unsuccessful in obtaining one, the most common question they ask is “When can I reapply for one?”
8 tips for federal employees and government contractors when facing security clearance issues.
Preparation for the initial security clearance meeting with an investigator can make the difference between a government contractor/federal employee successfully obtaining a security clearance or being denied a security clearance.
When an individual receives a security clearance denial, there are a number of appellate options for federal employees and government contractors.
When government contractors and federal employees encounter problems in attempting to resolve Joint Personnel Adjudication System (JPAS) Incident Reports, the first step is to formally request a copy of all of their security documents.
Federal employees and government contractors may be expected to undergo a polygraph examination in connection with their security clearance process.
When security clearance issues arise or if there is reason for concern when completing a security clearance application, individuals should seek advice from an attorney prior to submitting the application.
Representing federal employees and applicants in suitability appeals
Virginia Employment Law
Virginia Makes Sexual Orientation Discrimination Illegal
Independent Contractors and Non-Compete Agreements in Virginia
Non-compete agreements in Virginia for Independent Contractors
Severance Agreement Tips in Virginia
Filing complaints of sexual harassment for Virginia employees.
In Virginia, final wages to former employees must be paid in a timely manner.
This article discusses the legal issues that arise for employees in Fairfax County filing discrimination complaints before the Fairfax County Office of Human Rights.
This article discusses the ability of employees in Virginia to review and/or obtain a copy of their personnel file.
This article discusses the legal issues that arise for Virginia employees faced with signing a non-compete agreement.
A number of legal issues arise for Virginia employees when they face wrongful termination.
It is important for employees who are experiencing workplace problems in Virginia to keep focused while issues are developing and to follow 8 general guidelines.
Employees who are employed by an agency of the Commonwealth of Virginia and file an initial grievance to resolve an employment dispute will proceed through a 3-step grievance process.
Whistleblower and Office of Special Counsel
The U.S. Office of Special Counsel (OSC) principally investigates complaints filed by federal employees involving prohibited personnel practices and Hatch Act violations.