Defending DC Government Employees before the DC OEA for over 25 years
Our law firm represents government employees before the District of Columbia Office of Employee Appeals (OEA) in appeals of personnel actions. The OEA only accepts specific types of DC government employee appeals so it is important to have an attorney for representation. It is also important to have a law firm that is experienced in cases before the OEA.
Different Types of OEA Appeals
The OEA permits appeals by DC government employees of DC government decisions in cases involving the following types of actions:
(a) A performance rating which results in removal of the employee;
(b) An adverse action for cause which results in removal;
(c) A reduction in grade;
(d) A suspension for ten (10) days or more;
(e) A reduction-in-force; or
(f) A placement on enforced leave for ten (10) days or more.
The most common type of case that is heard at the OEA involves disciplinary actions of 10 days up to termination. In many ways, the OEA operates similarly to the Merit Systems Protection Board for federal employees.
Filing the OEA Appeal
To file an OEA appeal, a DC government employee must usually submit it within 30 days. Not filing in a timely manner can cause the case to be dismissed. The appeal can be filed by mail, in person or by electronic mail. Once the appeal is filed, an OEA administrative judge will be assigned. Along with the appeal, DC employees must submit:
- A statement as to whether the employee requests an evidentiary hearing or oral argument;
- A concise statement of the facts giving rise to the appeal;
- An explanation as to why the employee believes the agency’s action was unwarranted; and
- A statement of the specific relief the employee is requesting.
Steps After the Filing the OEA Appeal
Once the appeal is docketed, the DC agency involved will file a formal response. The DC Government will be represented in the case by an attorney. This is another reason why DC government employees should also be represented. Following the filing of the OEA appeal, there is the opportunity to determine whether or not mediation can resolve the appeal. Mediation, where possible, can be a good option. If mediation is not an option or does not succeed, the case will then move to a potential evidentiary hearing.
The OEA Evidentiary Hearing Stage
If the OEA appeal is not otherwise resolved the case progresses. An employee has the ability to obtain discovery. This would include depositions, interrogatories, written evidence and requests for admission. Once discovery is completed, then the case moves to pre-hearing submissions and conferences. An evidentiary hearing (trial-like hearing) can then be conducted. Taking discovery in an OEA case, especially depositions, is extremely important. In particular, taking depositions usually can help get key facts from witnesses in sworn testimony. The OEA hearing will generally consist of opening statements, witness examinations, the introduction of evidence and closing arguments. An OEA evidentiary hearing is very similar to a civil trial, but slightly less formal. The Federal Rules of Evidence do not necessarily apply, but are often considered as guidelines. It is important to have counsel during the hearing process. The OEA has set forth a flowchart of the process in this diagram.
Following the OEA hearing, the administrative judge will issue a decision in the case. For example, the administrative judge may find that a termination is unwarranted and reinstate the employee with backpay. If the decision is unfavorable, the DC employee may appeal. Likewise, the DC government can also appeal. Appeals may be made to the full Board of the OEA or to DC Superior Court.
Contact Us
We represent government employees in the District of Columbia in OEA appeals. To schedule an initial consultation with one of our DC employment lawyers, please contact us at (703) 668-0070 or by visiting our website.
