— Government Employees Category Archives — Page 2 of 2 — Dallas Employment Lawyer Blog Published by Dallas, Texas Employment Lawyers

Employment Protections for Texas Veterans with Disabilities

January 2, 2019 | Law Office of Rob Wiley, P.C.

Veterans returning to the United States may face many challenges while trying to adjust to civilian life. Unfortunately, many veterans face employment discrimination, and they may have difficulty obtaining and maintaining employment. Often, employers are reluctant to hire individuals who suffer from disabilities related to their deployment. This can have startling consequences for the workforce, since almost a third of the 12 million veterans report having some type of disability.

In response to the rising reports of employment discrimination, Congress enacted the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). At its inception, the VEVRAA provided Vietnam veterans with protection against employment discrimination. Some common forms of employment discrimination veterans face are when an employer claims a job is no longer available, an employer states they do not want to hire veterans for fear of future deployments, an employer counts military leave against accrued vacation time, or an employer harasses or otherwise retaliates against a service member.

Although the name suggests otherwise, the VEVRAA protections apply to several categories of protected veterans. Protected veterans include those who were:

Released from active duty because of a service-connected disability or entitled to compensation under the Veterans Administration;
Recently released;
On active duty; or
Campaign or Armed Forces medal recipients.

U.S. Supreme Court Holds Age Discrimination in Employment Act Applies to All Government Employers, Regardless of Size

November 23, 2018 | Law Office of Rob Wiley, P.C.

Recently, the United States Supreme Court issued an opinion that will have a significant impact in federal age discrimination cases against government employers. In the case Mount Lemmon Fire District v. Guido, the Court held the Age Discrimination in Employment Act (ADEA) applies to government employers of all sizes.

The ADEA

When the ADEA was passed in 1967, it added age to the list of characteristics that could not be used by an employer as a basis for an adverse employment decision. Under section 630(b), the ADEA defines the term employer as “a person engaged in an industry affecting commerce who has twenty or more employees.” However, the statute also states that an employer “also means … a State or political subdivision of a State and any agency or instrumentality of a State or a political subdivision of a State.”

The Facts of the Case

According to the Court’s opinion, the plaintiffs were two men, aged 46 and 54, who were terminated from their positions by the defendant fire department when the fire department began facing budgetary concerns. The fire department was a political subdivision of the State of Arizona. At the time they were fired, the employees were the oldest two firefighters in the department.

The Importance of the Merit Systems Protection Board for Federal Employees in Texas

June 7, 2018 | Law Office of Rob Wiley, P.C.

In 1979, the United States Civil Service Commission established the Merit Systems Protection Board (MSPB), which is an agency designed to prevent federal employers from engaging in prohibited personnel practices. Under the MSPB, federal employees are entitled to a hearing after they are terminated, suspended, or demoted because of their performance or conduct.The MSPB process is crucial for employees who believe that their conduct did not warrant the adverse employment action taken against them. The Civil Service Reform Act mandates that federal employees are given their due process when terminated. This is to prevent powerful federal employers from engaging in arbitrary employment actions. Of course, when a federal employer takes an adverse action against an employee, there are lasting impacts on that person’s personal and professional life.

The MSPB is a complex entity, and there are many roadblocks that an employee may encounter, due to the nature of the employing agency and the processes involved. First, employees should consult with an attorney to determine whether their adverse employment action will trigger an MSPB appeal. Although it seems clear in some situations, MSPB protections are not extended to all types of federal positions. However, some common situations when an appeal is triggered are when there is an adverse action or a forced retirement. Furthermore, even though the MSPB will attempt to handle a claim within six months, the Board may also pressure the parties to settle in order to more quickly resolve the matter. A Texas employment lawyer can guide employees in effectively working through these steps.

What is the Merit Systems Protection Board (MSPB)?

February 28, 2018 | Law Office of Rob Wiley, P.C.

The Merit Systems Protection Board (MSPB) is an entity that protects your rights if you are a federal civil service employee. The purpose of the board is to provide federal employees with the chance to appeal personnel decisions that are not in their favor or that are unfair. It is separate from partisan politics and is supposed to be an independent system. The President appoints the board members of this entity.

The MSPB is organized with multiple regional offices, although board members serve at its headquarters in Washington, D.C. Often, appeals happen in D.C., since that is where many federal workers do their jobs. Among the regional or field offices is one in Dallas.

At these offices, administrative law judges hear cases related to federal workers and agencies. The board members are supposed to protect the federal merit system, working together with the administrative law judges, attorneys, and staff at the MSPB to successfully implement the mission of the entity.