Federal Employment Attorneys

Learn How to Handle the Federal Government’s Employment Actions and Protect Your Federal Employment Rights

Recent changes from the Trump administration have left millions of federal workers concerned about their future, with some workers already trying to decide if they should accept the offer to resign.

If you’re a federal worker who’s unsure about how to handle these changes, the employment attorneys at Zipin, Amster & Greenberg want to help.

Our experience mediating with the federal government and federal employees allows us to explain what’s happening from a legal standpoint, what protections exist for federal workers, and how to avail yourself of these protections.

The Challenges Federal Workers are Facing from the Trump Administration

To cut government spending, the Trump administration has made concerted efforts to reduce the federal workforce – in other words, eliminate an unknown number of federal jobs.

As a result, millions of government workers have been facing increased uncertainty as to the future of their employment. This has left many feeling confused as to what rights and protections exist for them, especially due to this change coming from the President of the United States.

The employment attorneys at Zipin, Amster & Greenberg understand what is taking place as well as what protections exist for federal workers who are facing this uncertainty. Let us explain what protections exist for federal workers.

Protections for Federal Worker’s Rights Against these Changes

Our employment lawyers want federal workers to know that there are special protections that exist to protect them – protections that go beyond those working in private sectors.

Right to due process
Depending on where a federal worker is located, they are protected by either the Fifth or Fourteenth Amendment of the US Constitution which provides a “right to due process”. This means the US government needs to follow a specific process before they take something away from you – including employment.

For example, a civil service employee who is employed for a term would have a legitimate expectation to fulfill their role in their job. If the government tries to take that job away from that employee without having some kind of hearing, then they violated the employee’s due process rights.

First Amendment rights
Unlike private sector workers, federal workers can also be protected from termination under the First Amendment. This enables them to not fear retaliation for what they say regarding certain perspectives they may have – for example, their political perspectives.

Additional protections
Not only does the US Constitution offer protections that uniquely apply to federal workers, but there are also federal laws in place to protect their rights as well.

Here are a number of laws that federal workers can use to protect themselves:

• Title VII of the Civil Rights Act of 1964
  Protections for workers against discrimination based on race, color, religion, national origin, sex, sexual orientation and gender identity
• Age Discrimination in Employment Act of 1967
  A US law that prohibits discrimination against people who are at least 40 years old
• Rehabilitation Act of 1973
  A law that prohibits discrimination in employment, programs, and services that receive federal funding
• Pregnancy Discrimination Act of 1978
  A federal law that prohibits discrimination against pregnant women in the workplace
• 42 U.S.C. 1981
  A law that protects the equal right of all persons to make and enforce contracts without respect to their race
• Americans with Disabilities Act of 1990
  A civil rights law that prohibits discrimination against people with disabilities
• Equal Pay Act of 1963
  A law that prohibits employers from paying employees of one sex less than employees of the other sex for the same work
• Genetic Information Nondiscrimination Act of 2008
  A federal law that prohibits discrimination based on genetic information in both health insurance and employment

While this is not an exhaustive list, it does reveal just some of the laws and protections available for federal workers.

What Actions Federal Workers Should Take

Even though there are ample laws and protections for federal workers that go above and beyond those in private sectors, these laws are not automatically applied on their behalf.

Rather, federal workers need to report their discriminatory incident to their Equal Opportunity Officer (EEO). After a federal worker submits a charge, the EEO office will begin an investigation.

Our federal employment attorneys can help people understand what their rights obligations are at this point. More importantly, we’ll help federal workers understand what their options are and what’s needed to move their claim forward and receive justice.

Why It’s Important for Federal Workers to Act Quickly

Federal workers have only 45 days from the date of the alleged discriminatory matter to report it to their EEO. In the case of a personnel action, workers have 45 days from the effective date of the action to report it.

This 45 day window to report the matter is something a lot of workers aren’t aware of. Nevertheless, those workers will lose their claim if they fail to report the matter before the deadline.

This heavily contrasts with a private employee, who has 180 to 300 days to file a charge of discrimination. It’s differences like this that highlight the importance of having experienced employment lawyers at your side, like those at Zipin, Amster & Greenberg.

Need More Answers About Protecting Your Surrounding Federal Employment Rights?

Thanks to our experience mediating with the federal government for federal employees, we’re ready to answer any questions you may have.

Let the attorneys at Zipin, Amster & Greenberg use their knowledge, insights, and experience to help workers like you understand what laws and protections are available to help in each unique situation.

Experienced Federal Employment Lawyers

Our experience navigating the code of federal regulations at various agencies will help you navigate the labyrinth of procedural mechanisms needed to keep your job or exit the federal sector with dignity.

This includes understanding and identifying the best course to take, utilizing the specific laws and protections that apply to your situation, and even litigating your issues so that you can either keep your position or exit the federal service with benefits and possibly a severance.

Contact Our Federal Employment Attorneys Today

If you’re struggling to understand what your options are as a federal employee after the unprecedented management decision by the United States government, we’re here to help.

With our experience navigating the code of federal regulations at various agencies, the federal employment lawyers at Zipin, Amster & Greenberg are ready to help you achieve the best outcome possible.

Fill out our contact form or call us at (301) 587-9373.

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