Federal Employee Discrimination in NJ
Are you a government employee facing discrimination or harassment based on your gender, age, race, or disability? Have you suffered retaliation at work as a result of speaking up about fraud, waste, or abuse? Are you being fired because you stood up to the discrimination of a manager? Or is your government career blocked as a result of retaliation or bias?
Thanks to the Federal Protection Acts, Federal employees have many anti-discrimination protections such as the Age Discrimination in Employment Act, Title VII of the Civil Right Acts of 1964, and the Rehabilitation Act, among many others.
These laws protect federal employees from retaliation for reporting fraud, abuse, waste, and any form of discrimination.
Federal Employee Discrimination Attorney in NJ
At The Law Office of Benjamin Friedman, we will help you determine whether you are eligible for appeal against the agency’s disciplinary action. Our firm has many years of experience representing federal workers in a wide range of cases. These cases include:
We work closely with our clients throughout the court proceedings to ensure that:
- They are reinstated if they have been wrongly terminated
- There is the adjustment of our client’s classification
- There is a change of duties or location
- There is compensation for harm to our client’s career and the legal fees incurred
New Jersey Federal Employee Rights
There are laws that have been crafted to protect federal employees that may not be available to some private sector employees. These laws include the Whistleblower Protection Act that protects whistleblowers from any discrimination or retaliation. Federal employees can also benefit from the protection offered by the president that might not be approved by Congress for all workers. A good example is President Obama’s decision to ban discrimination against federal employees based on gender identity.
However, there are some exceptions to these laws that are often connected with national security and military service. Experienced federal employee attorneys know which protection laws apply in various situations and which legal strategies have the strongest chance of success.
Federal Employee Discipline or Termination
Government agencies may disciple an employee only for reasons that will promote the efficiency of the service. It is the burden of the agency to provide adequate proof to show that its action meets the standards. Therefore, the agency must provide a rational basis for discipline and evidence to support its position.
Most common reasons many agencies use as a basis for discipline include:
- Refusing a job reassignment
- Conflicting interest
- Unapproved absenteeism
- Failure to maintain a condition of employment
At The Law Office of Benjamin Friedman, we focus on what the state can prove about the situation that led to the disciplinary action against our federal employee clients.
Federal Employee Eligibility for Appeal Against Disciplinary Action
The Merit Systems Protection Board hears federal employees’ appeals in cases of removal, a reduction in grade, or other disciplinary action against federal employees. Below are the eligibility requirements for a federal employee to be heard.
- The employee is not serving a trial or probationary period under an initial appointment, or the employee has completed one year of current continuous permanent service. The employee must be in a competitive service.
- Preference for employees who have completed one year of current continuous service in the similar or same positions in the U.S Postal Service, in an executive agency, or Postal Rate Commission.
- An employee in the expected service who is not serving a probationary period which has completed two years of current continuous permanent service in a similar or same position in an executive agency.