Federal Employment Law

Facing an investigation, removal, retirement or discrimination claim as a federal employee can be overwhelming. You have strict deadlines and unique procedures. We help federal employees nationwide protect their careers, benefits, and rights at every stage.

Partner John Berry speaking on CNN regarding federal employment issues

Protecting Federal Careers Nationwide

At Berry & Berry, PLLC, we focus on federal employment law. We represent federal employees nationwide in investigations, disciplinary actions, MSPB appeals, EEO claims, security clearance matters, and federal retirement issues. Our attorneys don’t just practice federal employment law — we teach it.

📞 Call (703) 668-0070 for a confidential consultation

Here are some areas where we can help:

Federal Employee Investigations

We defend federal employees in all types of administrative and employment-related investigations, including investigations conducted by Human Resources, Inspectors General, the Office of Special Counsel (OSC), and Equal Employment Opportunity (EEO) offices. It is very important to obtain counsel when you first learn you are being investigated.

Federal employees should seek legal counsel before providing statements or responding to investigative inquiries. Our attorneys have extensive experience advising and defending federal employees during investigations and helping them protect their rights at every stage of the process.

Federal Employee Disciplinary and Adverse Actions

Our federal employment lawyers represent federal employees facing disciplinary actions, adverse actions, performance-based actions, and other forms of employment discipline. We also represent federal employees in indefinite suspension cases. Whether an employee is under investigation, has received a proposed discipline, or is already subject to agency action, early legal guidance is critical.

Engaging an experienced federal employment attorney early in the disciplinary process can significantly improve the chances of a favorable outcome. We work to protect careers, challenge improper actions, and pursue the best possible resolution for our clients.

Merit Systems Protection Board (MSPB) Appeals

We represent federal employees in Merit Systems Protection Board (MSPB) appeals involving disciplinary actions, performance-based removals, reductions-in-force, retirement matters, and military service discrimination claims under USERRA. MSPB proceedings closely resemble courtroom litigation, with an administrative judge assigned to oversee the case.

MSPB cases often involve discovery, depositions, subpoenas, and evidentiary hearings. Self-representation is strongly discouraged. Our attorneys aggressively defend federal employees in MSPB appeals and, when appropriate, pursue early resolution through settlement negotiations.

Equal Employment Opportunity (EEO) Complaints

We represent federal employees in Equal Employment Opportunity (EEO) matters involving discrimination, harassment, and retaliation. Our attorneys assist clients at every stage of the EEO process, beginning with informal counseling and continuing through formal complaints, investigations, and hearings.

If an EEO matter goes to a hearing, it closely resembles a trial, including witness testimony, cross-examination, discovery, and legal briefing before an administrative judge. Our firm regularly represents federal employees in EEO hearings and works to resolve cases efficiently while protecting our clients’ rights.

Security Clearance Appeals and Defense

We defend federal employees in all aspects of the security clearance process, including advising clients before completing clearance applications such as the SF-86, preparing for interviews and polygraphs, and responding to all types of security clearance issues.

When a security clearance is denied or revoked, we represent federal employees throughout the appeal process. Our goal is to help clients obtain, maintain, or restore their security clearance while minimizing career disruption.

OPM Disability Retirement and Federal Retirement Matters

Our federal employment lawyers represent federal employees in Office of Personnel Management (OPM) disability retirement applications, reconsideration appeals, and related retirement matters. We regularly assist clients with initial disability retirement filings and appeals before the MSPB when claims are denied.

We also advise attorneys and federal employees on retirement benefits issues arising from divorce and court-ordered benefits. Our experience includes a wide range of federal retirement and benefits-related matters.

OSC Whistleblower Complaints and Retaliation Defense

We represent federal employee whistleblowers who report waste, fraud, abuse, or other misconduct and subsequently face retaliation. Our attorneys defend whistleblowers before Inspectors General, the Office of Special Counsel (OSC), the MSPB, and other forums.

Federal employees who lawfully report wrongdoing are entitled to protection. We work to hold agencies accountable and defend employees who are improperly targeted for doing the right thing.

Federal Employee Grievances

We represent individual federal employees and unions in filing grievances against their federal agencies. Each federal employee and their agency are unique but we have extensive experience in representing individuals in their grievances.

Additional Federal Employment Practice Areas

Veterans Affairs (VA) Employee Defense

We represent VA medical professionals and other VA employees in privileges matters, fair hearings, and disciplinary matters.

Hatch Act Defense

We defend federal employees alleged by the Office of Special Counsel (OSC) to have violated the Hatch Act.

Desk Audits

We represent federal employees challenging improper classification and seeking to correct their grade or pay levels through OPM and Agency desk audit appeals.

Unfair Labor Practices and Assistance before the Federal Labor Relations Authority (FLRA)

We represent federal employees and federal sector unions in unfair labor practice cases and other matters before the FLRA.

Reduction-in-Force (RIF) Actions

We defend federal employees going through the RIF and MSPB appeals process.

Federal Employment Law – Frequently Asked Questions (FAQs)

What is federal employment law?

Federal employment law governs the rights and obligations of civilian federal employees and the agencies that employ them. It covers how federal agencies may hire, discipline, suspend, demote, or remove employees, as well as how employees can challenge adverse actions. Unlike private-sector employment law, federal employment law is primarily governed by statutes, regulations, and administrative systems unique to the federal government.

What rights do federal employees have when facing discipline or removal?

Most federal employees have significant due process rights before they can be disciplined or removed. These rights often include advance written notice of the proposed action, an opportunity to review the evidence, the right to respond orally and in writing, and representation by an attorney. In many cases, employees also have the right to appeal adverse actions to the Merit Systems Protection Board.

When should a federal employee contact an employment lawyer?

A federal employee should contact an employment lawyer as soon as they receive notice of a proposed adverse action, investigation, suspension, or removal. Early legal guidance can be critical because federal employment cases often involve strict deadlines and procedural requirements. Consulting a lawyer early can help protect your rights, shape your response, and improve your chances of a successful outcome.

What is the Merit Systems Protection Board (MSPB)?

The Merit Systems Protection Board (MSPB) is an independent federal agency that hears appeals from federal employees challenging certain adverse employment actions. These may include removals, suspensions over 14 days, demotions, and some performance-based actions. The MSPB reviews whether the agency followed the law and whether the action was supported by the evidence.

How long do federal employees have to respond to adverse actions or appeals?

Deadlines in federal employment cases are often short and strictly enforced. Employees typically have a limited time to respond to a proposed adverse action and may have as little as 30 days to file an appeal with the MSPB after a final decision. Missing a deadline can result in the permanent loss of appeal rights, making prompt action essential.

Can federal employees be fired without cause?

No. Most federal employees cannot be removed without cause. Agencies generally must show that the action promotes the efficiency of the service and must follow specific procedural requirements. Employees are entitled to notice, an opportunity to respond, and a reasoned decision. These protections are significantly stronger than those available to most private-sector employees.

What types of actions can be appealed to the MSPB?

Not all employment actions are appealable to the MSPB, but many serious actions are. Common appealable actions include removals, suspensions of more than 14 days, reductions in grade or pay, and certain performance-based actions. Determining whether an action is appealable can be complex, and legal guidance is often helpful.

Do federal employees have different rights than private-sector employees?

Yes. Federal employees operate under a unique legal system that provides procedural protections not available in most private-sector jobs. While private employees are often employed “at will,” federal employees typically have due process rights, access to administrative appeals, and protections under civil service laws. These differences make federal employment law a specialized and highly technical area of practice.

Do I need a lawyer before discipline is final?

Yes. Early representation often determines the outcome before discipline becomes permanent.

Can I be fired without warning as a federal employee?

Generally no, but probationary status, misconduct allegations, and performance issues can change your rights.

Get Help Protecting Your Federal Career

If you are under investigation, facing discipline, or unsure of your rights, do not wait. Federal employment cases move fast — and delays can cost you your job.

📞 Call (703) 668-0070
📩 Or request a confidential consultation online

Berry & Berry, PLLC
Representing federal employees nationwide from the Washington, DC Metropolitan area.