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Protecting Your Rights as a Federal Employee: Key Insights from 2024
In 2024, we published several articles on our blog focused specifically on helping federal employees understand what they need to know about protecting their legal rights. While federal employees and private-sector employees have many of the same legal rights, federal employees have some unique legal rights as well—and federal employees also face some unique challenges when it comes to taking a stand against unlawful employment practices. Here is a look back at some of the key insights our federal employment attorneys shared throughout the year:
Political Activism and Political Discrimination in the Federal Workforce
In today’s world, politics are almost unavoidable. This presents some particular challenges for federal employees. Not only must federal employees avoid engaging in political activities that violate the Hatch Act, but federal employees must also have a clear understanding of when politically driven employment-related decisions constitute—and don’t constitute—unlawful discrimination. Learn more:
Understanding Your Right to Privacy as a Federal Employee
Whether you work at home, in the office or in the field, you have a reasonable expectation of privacy as a personal employee. But how far does this reasonable expectation extend—particularly with regard to personal devices?
The short answer is, “It’s complicated.” To avoid (or at least mitigate the risk of) unnecessary issues, federal employees who use their personal devices for work must be careful to segregate personal and government information. Federal employees may need to take other steps to protect their privacy rights as well. For more information, you can read Privacy Rights and Personal Devices: What Federal Employees Need to Know.
Understanding the Federal Merit System Principles (MSPs)
The Merit System Principles (MSPs) are a set of guidelines that govern all federal agencies’ employment-related activities. Federal agencies must strictly comply with the MSPs, and when they fail to comply, federal employees can seek redress through the Merit Systems Protection Board (MSPB). Learn more:
Understanding When You Are a Victim of Retaliation
One example of an MSP violation is retaliation against a federal employee who exposes a violation of the law or mismanagement, gross waste or abuse of authority within an agency’s operations. Retaliation can take many forms—including not only termination of employment but also a formal reprimand, negative performance evaluation, issuance of a personal improvement plan (PIP), and other adverse employment actions. If you have concerns about retaliation as a federal employee, we encourage you to read: What Does Retaliation Look Like in the Federal Workplace?
How to Handle a Personal Improvement Plan (PIP)
While some PIPs may be retaliatory, many are not. If you receive a PIP based on the quality of your work, you will need to be very careful about how you respond. The consequences of failing to comply with a PIP can vary, but they are never good. You should review your PIP carefully, and then you should do your best to comply in the short term while also seeking advice from one of our federal employment attorneys. Learn more: How to Handle a Personal Improvement Plan (PIP) as a Federal Employee.
How to Handle Denial of a Reasonable Accommodation
If you have been diagnosed with a disability that impacts your ability to work, you are entitled to a reasonable accommodation from the federal government under the Rehabilitation Act. While the government doesn’t necessarily have to provide the specific accommodation you request, it cannot completely deny your request unless providing a reasonable accommodation would cause undue hardship.
Given the federal government’s substantial resources, it will be required to provide accommodations in most cases. If you believe the federal government may have violated your rights under the Rehabilitation Act, you should read: How Do I File a Claim for Denial of a Reasonable Accommodation?
How to Handle a Hostile Work Environment or Toxic Workplace
If you find yourself dealing with a hostile work environment or toxic workplace as a federal employee, it will be important for you to have a clear understanding of your legal rights and what you can (and should) do to protect them. While “toxic” is a colloquial term, “hostile work environment” has a specific meaning under federal law. Learn more:
Filing a Claim for Wrongful Termination
Termination of a federal worker’s employment can be deemed “wrongful” in a wide range of circumstances. If your federal agency has wrongfully terminated your employment, you may be entitled to reinstatement, back pay or other remedies. If you need to know more about your legal rights in this scenario, you can read: When Can (and Should) You File a Wrongful Termination Claim as a Former Federal Employee?
Filing a Claim for Constructive Discharge
Even if your federal agency did not wrongfully terminate your employment, you may still be entitled to legal remedies if you felt as though you had no choice but to resign. Making a federal employee feel as though he or she has no choice but to resign violates the MSPs and is referred to as a “constructive discharge” under federal law. If you have left (or are thinking about leaving) your federal job because of the treatment or conditions you experienced in the workplace, we encourage you to read: When Can You File a Claim for Constructive Discharge as a Federal Employee?
Contact the Federal Employment Attorneys at The Law Firm of J.W. Stafford
If you need to know more about your legal rights as a current or former federal employee, our federal employment attorneys are more than happy to help. We can explain everything you need to know so that you can make informed decisions about your next steps. To schedule a confidential consultation at The Law Firm of J.W. Stafford, please call 410-514-6099 or request an appointment online today.