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Employee Disputes Archives

Shield of law for VA whistleblowers about to get stronger again

The effort to shore up the Department of Veterans Affairs and counter the view of President Trump that the agency is the most corrupt in government continues. The latest move happened last week when the House of Representatives passed yet another bill expanding protections for potential VA whistleblowers. The measure passed the Senate in May and garnered a rare show of unity in the House – passing the chamber 420-0.

Press for weapons has led to eased security, warns DOD official

Federal employment is a highly competitive arena. Certain certifications, such as security clearances, are highly coveted because they open doors to opportunity and advancement. At the same time, losing the classification can mean the end of a career.

Do you know the legal route your job dispute case might take?

It seems the first answer for almost any legal question is, "it depends." While that can be frustrating to someone seeking advice, it should come as no surprise. In one respect, the uncertainty is a plus. It reflects that every case is different and deserves judgment on its own merits. Any other approach would reduce the rule of law to little more than rubber stamp actions.

Where do I pursue an appeal of a negative job action?

If you are a civil servant working for the federal government or employee of a company doing government contract work, you enjoy a high level of due process protection against arbitrary punitive action. However, there can be a potential downside in the safety net. The matrix of laws that cover various issues can create so many avenues of possible action that it can boggle the mind.

What are key steps of an MSPB appeal?

The personnel rules that apply to federal government workers and workers for federal contractors amount to what many might consider a bureaucracy within a bureaucracy. As we noted in a post back in September, it can be confusing to know what constitutes an adverse job action. And even when you are sure you've suffered an unfair or illegal practice, it can be difficult to know your legal options without consulting an attorney.

Protective email practices for federal workers

You are reading this so it might be a little hard to imagine the sound, but what do you think of when you read, "Doink. Doink!" Hopefully what comes to mind is the sound effect that plays at the opening of every episode of TVs "Law and Order." And, by association, perhaps what that leads you to recall are the words of the Miranda warning: "Whatever you say may be used against you."

Don't let scare tactics prevent you from protecting your rights

Being mistreated on the job or living in fear that you will get fired out of retaliation for exercising your rights can be incredibly stressful. In addition to the emotional devastation of being harassed or discriminated against, you can also be dealing with the anxiety of being out of a job and unable to care for yourself and your family.

In whistleblower law, standards of evidence make a difference

When a person is charged with a crime, the state must prove its case beyond a reasonable doubt. That is, the evidence has to be so clear and convincing that a jury or a judge can feel confident the defendant is guilty. The standard is not quite so high in civil cases. Then, all that's required is or a plaintiff to offer a preponderance of evidence. Having 51 percent of the evidence on your side can win the case.

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