Legal Assistance For Federal Employees After A Wrongful Termination
Last updated on August 15, 2023
Unlike private businesses, federal agencies do not have broad powers to fire federal employees at will. As a federal employee, or former federal employee, you might have a claim for wrongful termination or wrongful removal to make up for your lost income, the damage to your career and more. At Southworth PC, we help federal workers in this unique area of employment law get the compensation or justice they deserve after being illegally fired.
What Are Common Examples Of Wrongful Termination?
As a federal employee, you might have legal protection against being terminated for things like:
- Unjust reasons.
- Reasons not supporting the harsh penalty of removal.
- Prohibited Personnel Practices such as nepotism.
- Violations of Collective Bargaining Agreements.
- Discrimination based on membership in a protected class like your race, sex, age, religion, ethnicity and country of origin.
- Retaliation against a whistleblower for reporting illegal activity or misconduct in the workplace.
- An administrative or criminal disciplinary action that violates your rights.
You likely also have due process rights including getting notice of a proposed action, an opportunity to respond, and the right to an appeal.
Under the law, you could be entitled to substantial financial compensation, the right to get your job back, or both. If we can help you, we will pursue all legal channels to hold the federal agency you worked for accountable for its actions.
What Are Your Rights If You Believe You Have A Wrongful Termination Case?
Federal employees have numerous rights such as due process, rights to challenge unfair personnel practices, or the right to work in an environment free from illegal discrimination and not be singled out for termination on that basis. They also have the right to blow the whistle on corruption and wrongdoing they have witnessed without being punished or fired by their managers. And if your federal agency violates your rights, federal laws and regulations empower you to take legal action, including litigation.
Which Laws Can Protect Against Wrongful Termination On The Basis Of Discrimination?
Several important laws limit the reasons a federal employee can be fired. Depending on what happened to you, you could have a cause of action under one or more of the following:
- Title VII of the Civil Rights Act
- Age Discrimination Act
- Equal Pay Act
- Pregnancy Discrimination Act
- Immigration Reform and Control Act
- Americans With Disabilities Act
Our attorneys have the experience to analyze your case and determine which law best applies. We regularly handle complex federal employment matters. Our depth of knowledge in the law and proven strategies give you the best possible chance of justice.
Which Other Laws Can Protect Against Wrongful Termination?
Other laws that proctect federal employees include:
- Civil Service Reform Act (CSRA) of 1978.
- Whistleblower Protection Act (WPA).
- Family and Medical Leave Act (FMLA).
- Veterans’ Preference Act and Veterans Employment Opportunities Act (VEOA).
- Uniformed Services Employment and Reemployment Rights Act (USERRA).
- Federal Labor-Management Relations Statute.
- Genetic Information Nondiscrimination Act (GINA)
- Federal Employee Polygraph Protection Act (FEPPA).
The Process For Filing A Wrongful Termination Claim As A Federal Employee
Because a federal worker’s employer is the federal government, not a private company or state-level agency, the process of suing for wrongful termination is different, complex and can vary based on federal employees. It usually begins with an administrative process. This is often before the Merit Systems Protection Board, or Equal Employment Opportunity Commission, but this is not always the case.
Are Federal Employees At-Will?
Most employees are at-will hires, which means their employer can fire them at any time for virtually any reason not specifically prohibited by law. For example, an at-will employee can be terminated for poor job performance, missing work, their manager does not like them or no particular reason at all.
Federal employees generally are not at-will workers and have greater protection against termination. Generally, they cannot be fired without legal cause, and there must be due process leading up to your termination. Failure to provide a valid cause for firing you and not adhering to due process can each be grounds for a wrongful termination lawsuit.
Discuss Wrongful Termination Law And How To Get Justice
You deserve the most favorable outcome to your wrongful termination claim. Discuss what happened to you with one of our lawyers and get all your questions answered. Contact Southworth PC at 888-899-7284 to schedule a free initial consultation. We represent federal employees nationwide.