Tag: Law Offices of David P Sheldon

Air Force Civilian Paid Significant Multi Six Figure Settlement and Six Figure Attorneys’ Fees to Resolve Discrimination Case

Posted on by Becky Haugen

Law Offices of David P. Sheldon Secures Just Resolution Following EEOC Sign-Off

Washington, D.C. – April 18, 2025 — A federal civilian employee of the United States Air Force has reached a confidential settlement in a workplace discrimination case after the U.S. Equal Employment Opportunity Commission (EEOC) approved the agreement and formally dismissed the complaint with prejudice on April 16, 2025​.

The resolution followed a thorough and iterative review process by the EEOC administrative judge, who requested updates to the agreement language before ultimately granting approval. The complainant, an African American senior-ranking civilian employee, had alleged a hostile and discriminatory work environment stemming from repeated incidents involving her immediate supervisor. Claims included harassment on the basis of race and age, bullying, intimidation, and the creation of a toxic work environment​.

Annie Morgan, Senior Military Attorney with the Law Offices of David P. Sheldon, represented the complainant throughout the proceedings. “This settlement represents a meaningful conclusion to a deeply distressing chapter in our client’s federal service,” said Morgan. “She showed incredible courage by coming forward and asserting her rights. We are proud to have helped her obtain justice and preserve her professional reputation.”

The terms of the agreement include both a six-figure monetary compensation including reimbursement of attorney fees and restoration by various specific administrative remedies to be applied by the Air Force. In addition, the agreement includes provisions that support transparency and post-resolution compliance monitoring, ensuring the complainant’s dignity and rights are fully restored​.

While the exact financial terms of the settlement are confidential, the judge has issued a formal dismissal order, closing the case and granting the parties’ joint motion for resolution​.

About the Law Offices of David P. Sheldon
Based in Washington, D.C., the Law Offices of David P. Sheldon, PLLC provides experienced legal representation in military, federal employment, and national security matters. The firm’s attorneys are nationally recognized for their advocacy on behalf of service members, federal employees, and civilians navigating complex legal disputes within government agencies.

Contact:
Law Offices of David P. Sheldon, PLLC
100 M Street SE, Suite 600, Washington, DC 20003
(202) 546-9575
www.militarydefense.com

 

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice or legal representation. If you or someone you know is facing injustice or abuse of authority within the federal government or military, consult a qualified attorney experienced in UCMJ and federal employment law.

Over 800 Law Firms Join Forces to Defend Constitutional Advocacy Rights in DOJ Retaliation Case Against Jenner & Block

Posted on by Becky Haugen

The Law Offices of David P. Sheldon stands in solidarity with 806 other firms nationwide in a sweeping amicus brief filed today in the United States District Court for the District of Columbia. The brief supports Jenner & Block LLP in its legal challenge against a March 25 Executive Order issued by the current Administration, which imposes punitive sanctions against the firm for its client advocacy work.

The Law Offices of David P. Sheldon, a Washington, D.C.-based litigation firm focused on military and federal law, joined this powerful coalition of law firms who argue the Executive Order represents a “grave threat to the rule of law and our constitutional system of governance”​.

“The retaliation we are witnessing against Jenner & Block—and previously against Perkins Coie, WilmerHale, and others—is nothing less than an abuse of executive power aimed at silencing lawful advocacy,” said David P. Sheldon, founder of the firm. “We are proud to stand with hundreds of our colleagues to affirm that the independence of the bar must not be undermined by political agendas.”

The amicus brief, officially titled Brief of Amici Curiae of 807 Law Firms in Support of Plaintiff’s Motion for Summary Judgment and for Declaratory and Permanent Injunctive Relief, underscores that the Executive Order:

  • Revokes security clearances from law firm personnel,
  • Denies access to federal facilities and contracts,
  • Allegedly punishes the firm for pro bono activities that “undermine justice and the interests of the United States”​.

Lawyers from across the political and professional spectrum warn that such actions will chill protected First Amendment activities and erode public access to legal representation.

“We’ve reached a constitutional crossroads,” Sheldon said. “If we allow government retribution against law firms based on who they represent, we dismantle the very foundation of equal justice under law.”

This brief follows similar filings in the Perkins Coie and WilmerHale cases and reflects growing concern in the legal community over executive orders targeting law firms based on their client portfolios.

Contact:

The Law Offices of David P. Sheldon
100 M Street SE, Suite 600, Washington, DC 20003
(202) 546-9575
www.militarydefense.com

Legal Disclaimer:
This press release is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Individuals or organizations seeking legal representation should contact a qualified attorney.

 

Testimonial: Client Praises Law Offices of David P. Sheldon for Skilled Advocacy in Federal Background Investigation Appeal

Posted on by Becky Haugen

FOR IMMEDIATE RELEASE
Washington, D.C. – The Law Offices of David P. Sheldon has received high praise from a client following the firm’s effective legal representation in a challenging background investigation appeal involving a federal agency.

In a heartfelt testimonial, K.F. expressed deep appreciation for the firm’s legal guidance and tireless advocacy, noting the team’s professionalism and dedication throughout the case.

“Despite the agency’s reluctance to render a favorable decision, Mr. Sheldon’s team rolled up their sleeves and worked diligently on my case,” said K.F. “Ashleen exhibited meticulous attention to detail and extensive knowledge, ensuring the issue was resolved efficiently and on time.”

K.F. highlighted the firm’s ability to deliver results even in complex cases involving federal protocols. The client also praised the firm’s successful handling of an earlier adverse action affecting a family member, further demonstrating the legal team’s strong litigation skills and client commitment.

“Their skills as litigators are commendable,” K.F. added. “I highly recommend their services to anyone seeking prompt and practical assistance.”

About the Law Offices of David P. Sheldon
Located in Washington, D.C., the Law Offices of David P. Sheldon is nationally recognized for its excellence in military and federal employment law. The firm represents service members, federal employees, and civilians in courts-martial, security clearance appeals, medical and disability retirement cases, and other complex legal matters. Known for its tenacity and deep legal knowledge, the firm is committed to protecting the rights and careers of its clients.

To learn more, visit www.militarydefense.com or contact the office at (202) 546-9575.

Disclaimer:
The information provided in this article is for general educational and informational purposes only and does not constitute legal advice or legal representation. Individuals facing legal or administrative challenges should consult with a qualified attorney who is experienced in military and Federal law to receive guidance tailored to their specific circumstances.

Fighting for What You’ve Earned: How to Defend Your Disability and Retirement Rights in the MEB/PEB Process

Posted on by Becky Haugen

The MEB/PEB Process Isn’t Just Paperwork—It’s Your Future. Here’s How to Protect It.

When you’ve served your country with honor, you deserve a fair and compassionate process when facing a medical retirement. But too often, the Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) process feels anything but fair. That’s why defending your rights isn’t just about checking boxes—it’s about ensuring your future is secure.

The Process: What’s at Stake

The MEB/PEB process determines whether you are fit for duty and, if not, the level of disability compensation to which you are entitled. The decisions made during this process affect:

  • Whether you are separated or medically retired
  • The amount of disability pay you receive (or don’t)
  • Your eligibility for TRICARE, commissary privileges, and other benefits
  • Your ability to transition to VA benefits with the right rating

It’s not just a decision about your health—it’s a decision that can shape your financial security, healthcare access, and family stability for the rest of your life.

When the Rating Is Wrong

Imagine this: after months—sometimes years—of dealing with chronic pain, surgeries, or mental health challenges, you finally reach the end of your service. You expect a fair assessment. But then the PEB assigns you a 10% rating instead of 50%. That number means the difference between medical separation and a full medical retirement.

Medical separation with a low rating might offer a one-time severance. That’s it. No retirement pay. No continued TRICARE. No permanent disability compensation. And to make it worse, that rating can affect your VA benefits too.

You can appeal, but the window is tight. You’re suddenly faced with legal jargon, deadlines, and a system that doesn’t always explain your options. You’re trying to recover and plan for the next chapter—but now you’re also expected to navigate one of the most complex administrative processes in the military.

Why Legal Support Matters

This is where a skilled attorney can change everything. A legal team with experience in the MEB/PEB system can:

  • Review your medical file for errors or missing documentation
  • Request an Independent Medical Review
  • Build a strong rebuttal for the informal PEB findings
  • Represent you at a formal hearing
  • Fight for the correct disability rating and retirement status
  • Advise you on when and how to transition to VA claims

The process is filled with legal hurdles that are easy to trip over without help. Timelines are short, evidence rules are strict, and appealing a bad decision takes both precision and persistence.

You shouldn’t have to fight this battle alone—especially when you’re already facing the challenges of a disabling condition.

Compassion, Not Complication

You’ve carried out your duties with loyalty and resilience. Now the system should carry out its responsibility with fairness and integrity. The Law Offices of David P. Sheldon believes in standing up for those who stood up for all of us. We help ensure the MEB/PEB process doesn’t fail you, and that your rating reflects the true impact of your condition.

About the Law Offices of David P. Sheldon

Based in Washington, DC, the Law Offices of David P. Sheldon is one of the nation’s leading military and federal defense firms. We represent active duty, reserve, guard, retired, and civilian federal employees across all branches. With decades of experience in military disability, retirement law, and administrative appeals, we guide service members through every step of the MEB/PEB process and beyond—ensuring your service is honored and your rights are protected.

Disclaimer:
The information provided in this article is for general educational and informational purposes only and does not constitute legal advice or legal representation. Individuals facing legal or administrative challenges should consult with a qualified attorney who is experienced in military and Federal law to receive guidance tailored to their specific circumstances.

Law Offices of David P. Sheldon Files Key Legal Motion in Military Defense Case

Posted on by Becky Haugen

The Law Offices of David P. Sheldon is pleased to share an important legal update regarding a recent filing in a military defense case. Led by attorney Dylan Thayer, our firm has submitted a critical motion in the United States Court of Appeal for the District of Columbia Circuit on behalf of a dedicated service member in the United States Army. This motion seeks to overturn a wrongful conviction that threatens both the career and reputation of a decorated officer, underscoring our firm’s unwavering commitment to ensuring justice for those who serve in the armed forces.

Legal Strategy and Advocacy

The motion, filed in a high-stakes military law matter, presents compelling arguments that challenge procedural inconsistencies, evidentiary issues, and violations of due process that have unfairly impacted our client, a Senior Non-Commissioned Officer (NCO) with over 15 years of honorable service. This case involves allegations that were based on flawed investigative procedures, raising significant concerns about the fairness of the military justice process.

Attorney Dylan Thayer, an experienced advocate in military defense law, crafted a well-researched and forceful legal argument addressing key issues related to military regulations and procedural fairness. The motion highlights due process violations and improper handling of exculpatory evidence that could have significantly altered the outcome of the original proceedings.

“This filing is a testament to our firm’s dedication to fighting for service members’ rights,” said Thayer. “The stakes in this case are high—our client’s career, military benefits, and lifelong reputation are on the line. We take immense pride in providing strong, strategic legal representation to ensure that justice is upheld.”

Commitment to Military Defense

The Law Offices of David P. Sheldon has built a reputation as a leading firm in military law, representing service members across all branches of the military. Based in Washington, DC, our team is known for its expertise in courts-martial appeals, discharge upgrades, security clearance matters, and military administrative proceedings. Our attorneys bring decades of experience to the table, providing clients with top-tier legal advocacy in complex military cases.

This latest filing reflects our ongoing commitment to defending those who have dedicated their lives to serving our country. We will continue to monitor this case closely and provide updates as developments unfold.

For more information about our legal services or to schedule a consultation, visit militarydefense.com or contact our office directly 202-546-9575.

About the Law Offices of David P. Sheldon
Located in Washington, DC, the Law Offices of David P. Sheldon is a premier military defense law firm dedicated to representing service members in a wide range of legal matters. With a proven track record of success, we are committed to protecting the rights of those who serve. Learn more at militarydefense.com.

 

Disclaimer:

The information provided in this press release is for general educational and informational purposes only and does not constitute legal advice or legal representation. Service members facing legal or administrative challenges should consult with a qualified attorney who is experienced in military law to receive guidance tailored to their specific circumstances.

 

Testimonial: Military Legal Advocacy That Delivers: My Experience with the Law Offices of David P. Sheldon

Posted on by Becky Haugen

I served honorably for 14.5 years in the Air Force as an intelligence analyst and instructor of intelligence analysis. I sincerely loved performing in my specialty and having the opportunity to lead in my field, and will always be appreciative of the opportunities I have had while serving; with that being said, everyone has to take off the uniform at some point. In my case, due to some sudden health changes, my ability to contribute to the Air Force in my specialty was degraded, and I had some very tough decisions to make regarding opting to stay in, or to pursue leaving with maximized benefits. It turned out to be in the best interest of all parties involved, to conclude my service. During this extremely uncertain period, I am very grateful to have had the legal team of David P. Sheldon and associates in my corner, giving me the peace of mind of having a private team outside of the Air Force that I viewed as more likely to be invested in a positive outcome for me than I feared the local Air Force legal representation may have been.

I’m grateful to the team, and found them to be diligent, professional, and a source of personal assurance. I received the outcome I was looking for, and then some, and the Law Offices of David P. Sheldon were right there for me every step of the way.

L.C., Master Sergeant, USAF

Federal Rehiring Order: The Legal Ramifications of Non-Compliance

Posted on by Becky Haugen

In a landmark decision that has sent shockwaves through the federal bureaucracy, U.S. District Judge William Alsup has ordered several federal agencies to immediately rehire tens of thousands of probationary employees. Issued on March 13, 2025, the ruling challenges the Trump administration’s accelerated effort to downsize the workforce—a move Judge Alsup described as a “sham” designed to bypass established legal procedures. At the Law Offices of David P Sheldon, we are closely monitoring the evolving legal landscape surrounding this decision, particularly the significant implications if federal agencies choose not to comply.

Please note: This article is a reflection of the current ruling and does not constitute actual legal advice. For personalized guidance, please contact our firm to schedule a consultation.

The Ruling at a Glance

Judge Alsup’s decision specifically targets the mass firings orchestrated by the government’s central human resources office. The judge characterized these terminations as unlawful, arguing that the administration’s actions were a deliberate attempt to avoid statutory procedures required for a legitimate reduction in force. Importantly, while the ruling mandates immediate reinstatement of the affected employees, it also clarifies that federal agencies retain the authority to conduct future layoffs—provided they strictly adhere to legal protocols. politico.com

Legal Issues Surrounding Non-Compliance

Federal agencies are bound by both statutory requirements and judicial oversight. Failure to comply with the judge’s ruling could trigger a range of legal consequences:

  1. Contempt of Court:
    Non-compliance with a federal court order may lead to a contempt of court ruling. Such a ruling could result in fines, sanctions, or other penalties aimed at enforcing judicial authority. Agencies that ignore the order risk not only legal sanctions but also damage to their reputations as stewards of public trust.
  2. Prolonged Litigation:
    Should any agency choose to defy the ruling, it may face further litigation. This could involve additional lawsuits initiated by federal employee unions, advocacy groups, or affected employees. Extended litigation would likely incur significant costs and further strain agency resources, compounding the administrative and legal challenges already at play.
  3. Administrative Repercussions:
    Non-compliance might also prompt intervention by oversight bodies, such as the Merit Systems Protection Board and the Federal Labor Relations Authority. Judge Alsup’s ruling hinted at concerns regarding the administration’s effort to dilute the effectiveness of these agencies. Their diminished oversight could result in more stringent future regulations and oversight mechanisms being imposed on non-complying agencies.
  4. Political and Public Backlash:
    Beyond the legal realm, agencies that defy a clear judicial mandate may encounter severe political repercussions. Such actions could undermine public confidence in the federal government and invite scrutiny from lawmakers, further complicating an already politically charged environment.

Strategic Considerations for Federal Agencies

Given these potential consequences, federal agencies must weigh their options carefully. The Law Offices of David P Sheldon advise that any decision to contest the ruling must be accompanied by robust legal justifications and a clear strategy for addressing the statutory requirements of a reduction in force. Agencies might consider the following strategies:

  • Engage in Immediate Compliance:
    By reinstating the affected employees as ordered, agencies can avoid immediate legal sanctions and mitigate the risk of additional litigation. Compliance does not preclude future layoffs, provided that all actions comply with the law.
  • Seek Clarification on Legal Procedures:
    Agencies may explore avenues to negotiate or clarify the procedures for lawful reductions in force. This could involve collaborative discussions with judicial authorities and oversight bodies to ensure that future workforce reductions meet all legal requirements.
  • Prepare for Enhanced Oversight:
    Non-compliance is likely to result in heightened scrutiny from both internal and external watchdogs. Agencies should prepare for increased audits, investigations, and potential oversight actions that could further impact their operational efficiency.

The legal landscape following Judge Alsup’s ruling is fraught with challenges for federal agencies. Non-compliance is not a viable option if agencies wish to avoid the cascading effects of contempt charges, protracted litigation, and administrative sanctions. The decision serves as a stern reminder that adherence to the rule of law remains paramount—even in politically charged times.

Again, this article does not constitute legal advice. It reflects current judicial developments and is intended for informational purposes only. For legal advice tailored to your specific circumstances, please contact the Law Offices of David P Sheldon to schedule a consultation.

For further details on this ruling and its broader implications, please refer to the original coverage by Politico.

politico.com

Disclaimer:

The information provided in this article is for general educational and informational purposes only and does not constitute legal advice or legal representation. Service members facing legal or administrative challenges should consult with a qualified attorney who is experienced in military law to receive guidance tailored to their specific circumstances.

Titling. What?

Posted on by Becky Haugen

“Titled, Say What?”

By David P. Sheldon, Esq. & Ashleen M. Williams, Ph.D.

So, you left your previous duty station and, despite a bumpy departure due to an investigation, there were never any charges. Now at your new duty station and up for promotion, you find that during your intake screening you are not being detailed because you were “Titled.”

If you have been investigated for a crime such as theft, sexual assault, or another issue, you may have been titled. “Titling” is the indexing of a subject in national criminal databases like the Defense Central Index of Criminal Investigations (DCII) or the Army Crimes Record Center. Even if you were not charged with a crime or were later exonerated, you might have been titled because the standard is only “credible information.” This means that an investigating officer has wide discretion and can list your name in these databases simply on the basis of an investigation. In contrast, a criminal conviction requires proof beyond a reasonable doubt, a much higher standard than that required for titling.

How Do You Know If You Have Been Titled?

If a law enforcement agency—such as OSI, Army CID, or NCIS—places your name in the “title block” of their investigative report, you have been titled. Although titling may appear administrative or even benign, it can have significant adverse consequences for both your military and civilian career. For example, this information might surface during background checks, potentially resulting in the denial of job opportunities or visas.

Why Does It Matter If You Have Been Titled?

Your name remains in the database unless you can demonstrate that there was no credible evidence to justify the titling decision. Consequently, the decision to title someone may have long-lasting effects. Some examples include:

  • Security Clearances: Ongoing issues with clearance applications.
  • Employment Opportunities: Future job or visa applications may be affected.
  • Duration of Records: Nearly thirty agencies have access to databases like the DCII, and records are maintained for up to 40 years, meaning the “shadow of suspicion” could follow you for your entire career.

Options for Removing a Title

While challenging a titling decision is an uphill battle, all hope is not lost. Attorneys at the Law Offices of David P. Sheldon can help you obtain the information regarding your record and work to clear your name. The 2021 National Defense Authorization Act (NDAA) opened a pathway for service members to challenge a titling. Under the 2021 NDAA, a service member can request a correction, expungement, or removal of personally identifying information from a law enforcement or criminal investigative report, an index item or entry, or any other record maintained in connection with such a report.

The 2021 NDAA states that the following factors must be considered when challenging a title:

  1. Evidence: The extent or lack of corroborating evidence against the individual concerning the offense.
  2. Disciplinary Action: Whether any adverse administrative, disciplinary, judicial, or other actions were initiated.
  3. Outcome: The type, nature, and outcome of any actions taken.

Even though the military describes the decision to title as purely administrative, its long-term effects are very real. Our firm is committed to ensuring that your record accurately reflects the truth, so you don’t have to carry the burden of undue suspicion.

About the Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon is dedicated to protecting the rights of service members and civilians alike. With years of experience in administrative law and criminal investigations, our team works tirelessly to assist those affected by erroneous titling and other related issues. Our mission is to help you clear your record, restore your reputation, and secure the future you deserve. We pride ourselves on a commitment to integrity, professionalism, and personalized legal advocacy.

Press Release: Landmark Settlement Reached in Cash v. U.S. Air Force Case

Posted on by Becky Haugen

Overview

In a significant development for federal employment rights, the U.S. Equal Employment Opportunity Commission (EEOC) has approved a comprehensive settlement agreement in the case of Cash v. U.S. Air Force (EEOC Docket No: 570-2024-00752X). The settlement resolves multiple claims of harassment, discrimination, and the creation of a hostile work environment by the complainant’s supervisor. The agreement is set to enhance fairness and accountability within federal workplaces.

Settlement Highlights

  • Monetary Relief:
    The settlement includes a compensatory award to the complainant, in addition to attorney’s fees and costs. This sum is part of a broader resolution under Title VII claims, distinct from wages.
  • Non-Monetary Remedies:
    The U.S. Department of the Air Force has agreed to expunge or remove all derogatory and erroneous information from the complainant’s official personnel files and performance evaluations. This includes the removal of records related to a Performance Improvement Plan and a Letter of Expectations and Counseling. In addition, the Agency will address related indebtedness issues to further mitigate the complainant’s professional records.
  • Release and Confidentiality:
    Under the terms of the agreement, the complainant has agreed to release all claims related to the discriminatory actions, and both parties have committed to maintaining the confidentiality of the settlement terms, unless legally mandated otherwise. Importantly, the agreement explicitly states that the settlement does not constitute an admission of liability by the Agency.
  • Implementation Timeline:
    The settlement will be executed within 45 days from the signing of the agreement, with regular updates provided in case of any delay, ensuring a transparent process moving forward.

Detailed Background

The dispute arose when Cash, a federal civilian employee, alleged multiple forms of discriminatory behavior by her supervisor. The claims detailed harassment based on race and age, as well as an overall toxic work environment that created significant professional challenges. After rigorous negotiations and a joint settlement motion, both parties have agreed to the above terms in a bid to resolve the matter amicably and restore a respectful work environment.

About the Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon, P.L.L.C. is a renowned legal practice dedicated to representing individuals in matters of federal employment law. With decades of experience and a strong commitment to advocating for employees’ rights, the firm has successfully handled complex cases involving discrimination, harassment, and workplace injustices. Their expert legal team, led by David P. Sheldon, is recognized for its thorough, strategic approach to litigation and settlement negotiations, ensuring that clients receive fair treatment and justice in every case.

For more information or media inquiries, please contact:
Address: 100 M St. SE, Ste 600, Washington, DC 20003
Tel: 202.546.9575
MilitaryDefense.com

Disclaimer:

The information provided in this press release is for general educational and informational purposes only and does not constitute legal advice or legal representation. Service members facing legal or administrative challenges should consult with a qualified attorney who is experienced in military law to receive guidance tailored to their specific circumstances.