Federal Employment Law Overview
Federal Employees have faced unprecedented attacks on their careers. And the landscape is changing dramatically due to the impact of the previous administration’s attempt to destroy the ability of civil servants to obtain due process and fairness in the workplace.
This law firm is uniquely situated to assist and represent federal employees throughout the Nation and the world. Whether a federal civil servant needs assistance in prosecuting a complaint under EEO laws, before the MSPB, bringing a whistleblower complaint, responding to an investigation, an adverse action, performance evaluation, Performance Improvement Plan, or Security Clearance issue, our Team can provide outstanding representation in this most challenging area of law.
EEO Complaints & MSPB
Our Team can assist you in filing a Merit Systems Protection Board (MSPB) if your situation meets the criteria, including a suspension of more than 14 days, a demotion in grade, or a termination for alleged misconduct. We can assist you in protecting your rights and your career against any unfair disciplinary actions. As the MSPB Mission Statement notes, the agency is there to “promote an effective Federal workplace.”
Filing with the MSPB requires the attention of an MSPB Administration Judge.
With our assistance, we can help show that a prohibited personnel practice took place and attempt to reverse the outcome or create an employment lawsuit to receive compensation in another manner. The MPSB does not rule on discrimination, as that is through the EEOC, and they do not manage whistleblower cases, as that is handled by members of the FBI.
Overall, the MSPB is there if you have faced unreasonable action and discipline, and we stand ready to assist you in your defense to ensure your career is protected.
Federal law prohibits discrimination based on a person’s race, color, sex, national origin, religion age, disability, and previous equal employment opportunity complaints or opposition activities.
If you believe that you have been unlawfully discriminated against or harassed because of your membership in one of those protected classes, our Team is here to assist you. From filing to mediation, hearings, trial, or settlement, our attorneys are your advocate.
We will assist you in from the investigation through the formal administrative EEO process before filing suit. Each case is unique, and our attorneys are here to listen to you, advocate for you, and fight for just treatment.
Fortunately for you, the federal government has established numerous laws and regulations to protect federal employees from retaliation when reporting workplace legal violations. If you believe you have suffered adverse personnel actions due to reporting workplace violations, our attorneys are here to assist you and educate you on your legal remedies. Adverse personnel actions can range from wrongful termination to demotion or even a change in duties and responsibilities.
If you believe you need representation due to a whistleblower situation, schedule a consultation now with our experienced federal employee attorneys. We will review your case and its merits and explore the best options for you and your future federal career.
Investigation / Administrative Actions
If a federal employee is accused of misconduct, a federal agency will conduct an investigation before deciding on any disciplinary actions. As soon as you become the subject of an investigation, it is imperative that you reach out to a federal employee attorney. The investigations often are not in the favor of the federal employee, and we will work diligently to ensure the investigation does not lead to disciplinary action.
Security Clearances and Performance Improvement
Performance Improvement Plan
A Federal Employee that employers believe is not meeting performance standards will be given a Performance Improvement Plan (PIP) from their agency. If you have received an unacceptable performance review or have been placed on a PIP, you should consult a federal employee attorney immediately.
Early action and advanced preparation are essential to preserving your employment and reputation.
At the Law Offices of David P. Sheldon, our attorneys know the laws, the challenges, and the pressures that Federal Employees face. Let us help you protect your employment, your career, and your life through the PIP and potential MSPB Appeal Process.
We will of course ensure that your agency’s allegation meets legal standards and assess if you have been wrongfully targeted, as well as inform you on the remedies available for your situation.
The Law Offices of David P. Sheldon help members of the military service and U.S. Department of Defense (DOD) civilian employees obtain or keep their security clearances.
If you have been denied a security clearance, or if your security clearance is being revoked or suspended, we will help you do everything possible to fix the problem.
Even if you have done something embarrassing or potentially illegal, as we have successfully done past cases, our team will work to put it in context to show that you are not a security risk.
Privileging refers to the scope and content of professional services the physician is authorized to provide within the hospital. In Hayman v Galveston (1927), the U.S. Supreme Court held that physicians do not have a constitutional right to hospital staff privileges.
Not having a right to staff privileges, however, does not mean you are not entitled to due process and other protections. In fact, hospital boards can be sued for issues relating to the credentialing and privileging process, training and supervision by medical staff, applicants, and the public at large.
Whether you are a medical staff applicant or a medical staff member, you are entitled to certain basic rights. These rights include the right to be represented by counsel, the right to present evidence, and usually the right to a fair and impartial hearing with the ability to call witnesses and cross-examine witnesses.
If you have been denied staff privileges or have had your medical staff privileges suspended or terminated, the attorneys at our firm are here to help. We will help you appeal the hospital’s decision and seek to get your medical staff privileges reinstated or assist in obtaining hospital privileges.
National Practitioner Data Bank (NPDB) Actions
The National Practitioner Data Bank (NPDB) was implemented by Congress in order to improve the quality of medical care, and to restrict the ability of practitioners with a problematic past from moving state-to-state and billing government health care programs. Its stated Mission is: To improve health care quality, protect the public, and reduce health care fraud and abuse in the U.S.
The regulations that govern the NPDB are laid out in 45 CFR part 60 and were implemented as a result of the Health Care Quality Improvement Act of 1983, 42 U.S.C. 11101 et seq. The NPDB requires certain entities to report any negative action taken against a health care practitioner within days of a final action or summary suspension.
The National Practitioner Data Bank reporting entities are:
- State medical and dental boards
If you need assistance with privileging or NPDB Actions, contact the Law Offices of David P. Sheldon immediately. Our seasoned attorneys will be able to assist you with any questions you might have and fight to ensure that your rights are protected.
- Todd C. USN