Annapolis Federal Employment Attorney

Serving Federal Employees Throughout the U.S.

Ruth Ann Azeredo, the principal attorney for the Law Office of Ruth Ann Azeredo LLC, has over 30 years of experience in federal employment matters.  She spent 10 years handling such matters when working as an attorney for the federal government, and, for the past twenty years, she has represented federal employees through her law office.

Call the Law Office of Ruth Ann Azeredo LLC today at (240) 734-3033 or contact us online to schedule a consultation with our federal employment lawyer Annapolis.

Adverse Action

Most federal employees have a constitutionally recognized property right in their continued employment with the Federal Government. Where such a constitutional right exists, the federal government cannot deprive that employee of their employment without due process. For that reason, federal employees are entitled to oral or written notice of the charges against them, an explanation of the employer’s evidence, and an opportunity to present their side of the story.

Where the agency takes action against you, you may have a right to file a complaint with the Office of Special Counsel (OSC), and/or file an appeal. For example, you may have a right to file an appeal with the U.S. Merit Systems Protection Board (MSPB), the Personnel Appeal Board, or other appeal processes depending on which agency you are employed with.

Understanding Your Rights as a Federal Employee

As a federal employee, it’s crucial to be aware of your rights and protections under federal law. Many employees may not fully understand the extensive legal framework designed to safeguard them from discrimination, retaliation, and unfair treatment in the workplace. Our experienced attorneys at the Law Office of Ruth Ann Azeredo LLC are dedicated to educating federal employees about their rights and the legal recourse available to them.

Some key rights that every federal employee should know include:

• Right to Fair Treatment: You are entitled to a workplace free from discrimination based on race, gender, age, disability, and other protected categories.
• Right to Report Violations: If you witness misconduct, you have the right to report it without fear of retaliation.
• Right to Privacy: Your personal information and employment records are protected under the Privacy Act.
• Right to Appeal: If you face adverse actions, you have the right to appeal decisions that affect your employment status.

By understanding your rights, you empower yourself to take action when necessary. Our team is here to provide guidance, support, and representation to help you navigate the complexities of federal employment law. 

Recognizing the significance of these rights and exercising them when needed is vital to protecting your career and personal integrity. Utilizing these rights effectively requires both understanding federal statutes and how they uniquely apply to federal employees. We can provide clarity and assistance to those navigating these often confusing legal landscapes, ensuring their rights are fully upheld. 

Our Firm Can Help You With An Appeal

We represent federal employees in their appeal processes after adverse actions are taken. We represent clients in matters before the U.S. Merit Systems Protection Board (MSPB), and in other administrative hearing and appeal processes, including the U.S. Department of Veterans Affairs and Personnel Appeal Boards, among others.

Prohibited Personnel Practices (5 U.S.C. § 2302)

Prohibited personnel practices (PPPs) are employment-related activities that are banned in the federal workforce because they violate the merit system through some form of employment discrimination, retaliation, improper hiring practices, or failure to adhere to laws, rules, or regulations that directly concern the merit system principles.

The PPPs are:

• Discrimination
• Considering Inappropriate Recommendations
• Coercing Political Activity
• Obstructing Competition
• Influencing Withdrawal from Competition
• Granting Unauthorized Advantage
• Nepotism
• Whistleblower Retaliation
• Other Retaliation
• Other Discrimination
• Veterans Preference
• Violating Rules that Implement a Merit Systems Principle
• Imposing Nondisclosure Agreement That Does Not Allow Whistleblowing
• Accessing Medical Records in Furtherance of Another PPP

If you have been negatively affected or have experienced an adverse action due to a PPP, you may file a complaint with the Office of Special Counsel (OSC) or, if the adverse employment action is subject to the jurisdiction of the U.S. Merit Systems Protection Board (MSPB), you may file a complaint with MSPB.

At our firm, we delve deep into these practices, analyzing each situation to understand whether PPPs have occurred and advising our clients on the most effective course of action. Understanding the fine details of PPP policies and how they apply to your role as a federal employee is paramount, and our attorney will diligently assist you in navigating these intricate issues. 

Equal Employment Opportunity/Discrimination/Retaliation Claims

Age Discrimination in Employment Act (ADEA – 29 U.S.C. § 633a(a), et seq.); Civil Rights Act of 1964 (Title VII – 42 U.S.C. § 2000e, et seq.); Rehabilitation Act (Rehab Act – 29 U.S.C. § 701, et seq.)

Example Case: Race Based Hostile Work Environment Claims and Retaliation Claims Revived:  The Law Office of Ruth Ann Azeredo LLC secured a reversal from the 4th Circuit Court of Appeals of a Virginia federal court’s dismissal in our client’s matter, thereby reviving the claims and allowing our client to move forward with her claims of race discrimination and retaliation against the U.S. Department of the Army. Click here to learn more.

Do you believe you have been discriminated against? Sexually harassed? Harassed due to other protected bases? Retaliated against for complaining about discrimination and/or harassment? If so, we can help.

We have decades of experience representing federal employees through the EEOC process and in federal courts.

The law protects federal employees from discrimination because of race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information. The law also protects you from retaliation if you oppose employment discrimination, file a complaint of discrimination, or participate in the EEO complaint process (even if the complaint is not yours.)

First Step to Preserving Your Rights

If you believe that you have been discriminated against, you have a right to file an EEO complaint. Federal employees have a short time frame in which to contact an EEO counselor and preserve their rights. If you do not contact the EEO counselor within 45 days of the day the discriminatory and/or retaliatory conduct occurred, you may forever lose your right to bring a complaint forward.

For that reason, if you believe you have been discriminated against, it is important to take immediate steps to preserve your rights. This initial process is the “informal complaint” process.

The Formal EEO Complaint and Investigation

Once the informal complaint process is finalized, you will receive your notice to file a formal complaint. At that point, you only have 15 days in which to file the “Formal” complaint. The Agency will then provide notice as to which complaints, if any, it will accept for investigation. There are times the Agency makes incorrect decisions at this stage. Depending on the circumstances, you may have a right to appeal that decision to the Office of Federal Operations at the Equal Employment Opportunity Commission.

If there are claims that are accepted, those claims will be investigated. The investigation process is critical, and it is imperative to answer questions precisely and to provide pertinent information to the investigator. This can include documents. Once the investigation is completed, you will have an option to seek a hearing with an EEOC Administrative Judge or ask for a Final Agency Decision.

Hearing or Final Agency Decision

If you opt for a hearing, you can expect to be ordered to address preliminary matters with the Administrative Judge assigned to your situation; to be served with Agency motions; and to be served with the Agency’s demands for information. The hearing process is tricky and burdensome. It is important to have an experienced attorney representing you through this process.

For those who decide to forgo a hearing, the Agency will issue a Final Agency Decision (“FAD”) of your claim(s). It is rare that an Agency will conclude that discrimination and/or retaliation has occurred. For that reason, in order to preserve their rights, complainants must take the next step of filing an action in federal court, within 90 days of the receipt of the FAD.

Employee Investigations & Legal Representation

We represent employees when they are the subject of an investigation. Federal employees have an obligation to cooperate in an investigation, but when that employee is confronted with potential criminal exposure, it is important that the employee understands their rights. For that reason, if you are the subject of an investigation, having representation is the prudent option.

Employee investigations can be daunting and confusing, often bringing stress and uncertainty. In these cases, it is vital to have clear, capable legal assistance to navigate the proceedings efficiently. We work to ensure our clients' rights are firmly protected and that they comprehend each step of the investigative process. Doing so not only aids in reducing anxiety but also positions our clients in the strongest possible stance to address the outcomes and move forward confidently. 

Ethics & “Hatch Act” Proceedings

Ethics Regulations (5 CFR Part 2635)
Federal employees are required to comply with a host of ethics regulations. From time to time, employees may encounter a situation where they are investigated for allegedly not complying with their ethical obligations.

We can represent you through the investigation. During representation, we provide you candid advice as to any vulnerability you may have; we will assist you in preparing written or oral responses; and we can represent you should the agency choose to propose an Adverse Action.

The “Hatch Act” (5 U.S.C. §§ 7321-7326)
Employees of the executive branch of the federal government have certain restrictions from participating in partisan political management and partisan political campaigns. The level of restrictions will vary depending on the position of the federal employee and that employee’s responsibilities.

You may become the subject of an investigation of a violation of the Hatch Act (these investigations are conducted by the Office of Special Counsel (OSC). You may also be facing disciplinary action if OSC finds you violated the Hatch Act.

We can assist you in preparing for your OSC investigation, assessing your rights, providing consultation throughout the process, and being present at any interview.

If OSC concludes that you have violated the Hatch Act, we can represent you before the U.S. Merit Systems Protection Board (MSPB).

Understanding the evolving guidelines of the Hatch Act and ensuring compliance is crucial. These regulations are designed to maintain a fair, unbiased federal workforce. Our role encompasses helping employees understand nuanced aspects of these regulations and representing them effectively should issues arise. Counsel and advisement on prevention is a key component of our strategy, aimed at reducing the likelihood of inadvertent violations and subsequent investigations.

Understanding Federal Employment Records & Privacy Act (5 U.S.C. § 552a)

Information about your employment resides in Privacy Act Systems of Records maintained by federal agencies. As a federal employee, the information that is used by your employer to make employment decisions, will reside in those records. For that reason, it is important that the agency (a) aggregates and maintains the proper information; (b) uses the information only as authorized; and (c) does not disclose what is in those records except as authorized.

You have a right, in certain instances, to seek a correction or amendment of the information in your record(s). You also have a right, in most instances, to have access to your records.

It is surprising to many federal employees when they find out that their supervisor(s) maintain files about them that are not within a Privacy Act System of Records. Though it is not necessarily illegal when a supervisor does this. If the supervisor fails to keep those files safe, improperly uses them to make employment determinations, or if that supervisor provides them to a new supervisor, you may have claims against the agency for violations of the Privacy Act.

Maintaining the integrity and confidentiality of employment records is a fundamental aspect of federal employment rights. Any instances of unauthorized access or misuse can have severe implications for your career and must be addressed promptly and decisively. Our firm assists in asserting your rights regarding the Privacy Act, helping you to amend inaccuracies and safeguard your information against misuse. This vigilance is essential to ensure that employment decisions are based on accurate, properly managed data, reinforcing fair and unbiased treatment in the workplace. 

Whistleblower Reprisal Protection

If you disclosed what you reasonably believed was a violation of law, gross mismanagement, gross waste of funds, an abuse of authority, or a substantial and specific safety violation and now you are being retaliated against, you may have a claim for whistleblower reprisal. In order to have a claim of reprisal, you would have to have been made aware of this conduct outside your normal job responsibilities.

If you fall within the protections of the whistleblower protections and you have experienced reprisal, you may file a complaint with the Office of Special Counsel (OSC) or, if the reprisal against you includes more severe actions, such as a suspension of more than 14 days, a reduction in grade or pay, or a removal, you can file a complaint of reprisal directly to the U.S. Merit Systems Protection Board (MSPB).

Whistleblower reprisal claims require a deep understanding of both legal precedent and organizational dynamics. Our team stands ready to support you through this process, ensuring that your rights are thoroughly protected and advocating on your behalf to prevent workplace retaliation. We guide clients through the complexities of the protection policies and help them understand when and how a disclosure is protected, enabling them to act without fear of reprisal. Addressing such issues with confidence is critical to maintaining integrity and accountability within the federal workforce. 

How Our Federal Employment Lawyer Annapolis Can Help You

We can assist you:

• Experienced Legal Guidance: With a deep understanding of federal employment laws and regulations, our firm provides clients with comprehensive legal advice tailored to their specific situation. We stay informed about the latest developments in federal employment law, ensuring that we approach each case with up-to-date knowledge and strategies.
• Filing Complaints and Appeals: Whether you are filing a discrimination complaint with the EEOC, appealing a wrongful termination through the MSPB, or seeking to address retaliation, our firm will handle the procedural aspects of your case. We ensure that all paperwork is filed on time, and we represent you in administrative hearings, appeals, and litigation as needed.
• Aggressive Representation: When your rights are violated as a federal employee, you need a lawyer who will advocate for your best interests. We provide strong and assertive representation, negotiating settlements where possible and taking cases to trial when necessary to secure the best outcome for our clients.
• Personalized Support: We understand the stress and emotional toll that employment disputes can take. We offer compassionate, personalized legal support throughout the process. We are committed to helping our clients achieve a resolution that restores their sense of justice and allows them to move forward in their careers.
• Administrative and Legal Expertise: Federal employment disputes often involve navigating multiple administrative processes, including working with the EEOC, the MSPB, and the Office of Personnel Management (OPM). We have extensive experience representing clients in these forums and can handle the entire process from start to finish.

Contact Our Federal Employment Lawyer in Annapolis Today

As a federal employee, it is crucial to understand and protect your rights in the workplace. Our experienced team at Law Office of Ruth Ann Azeredo LLC is dedicated to helping federal employees navigate complex employment laws and regulations to ensure fair treatment and representation.

Whether you are facing adverse actions, discrimination, retaliation, whistleblower reprisal, or other employment issues, we are here to provide expert legal guidance and advocacy. We have a deep understanding of federal employment law and will work tirelessly to defend your rights and seek justice on your behalf.

Contact our Annapolis federal employment attorney today at (240) 734-3033 to schedule a consultation and learn how we can help protect your rights as a federal employee.