Labor and Employment Law – Federal

At LKC, clients can expect top-notch legal representation during all facets of their military and civilian careers. LKC attorneys understand the unique circumstances facing federal employees and government contractors, and can offer specialized, nation-wide assistance in the following legal issues and matters:

Disciplinary or Adverse Actions
When federal employees have been proposed for disciplinary and/or adverse actions, it is important to retain knowledgeable counsel to timely and robustly respond to these allegations. Federal employees should, if possible, respond in writing and verbally to dispute, explain, and mitigate the stated charges. Federal employees work diligently to support the American people, and they should similarly guard against letters of reprimand, counseling statements, suspensions, demotions, and removals on their records.

Merit Systems Protection Board (MSPB)
Should a federal agency effectuate an adverse action (i.e., certain suspensions, demotions, removals, etc.) many federal employees have appeal rights to the MSPB. LKC recommends that federal employees facing such actions immediately contact an LKC attorney to discuss jurisdiction and litigation strategy for litigating an appeal to the MSPB. LKC attorneys also appeal final agency decisions (FADs), retirement determinations, and Individual Right of Action (IRA) appeals for their clients before the MSPB.

Discrimination and Equal Employment Opportunity (EEO) Claims
Federal employees are protected against discrimination, harassment, and hostile work environments. If a federal employee believes that he/she has been unlawfully discriminated against on the basis of: age, race, sex (including pregnancy and sexual harassment), national origin, religion, disability status, ethnicity, sexual orientation, or retaliation, please consult with an LKC attorney who can assist in filing charging documents, representing employees during investigations, assisting with the drafting of sworn testimony, as well as litigation before the EEOC. The administrative process for federal employees’ EEO complaints is a nuanced practice, and you deserve an attorney who dedicates their practice to this arena.

Reasonable Accommodations and Family Medical Leave Act (FMLA)
In the event that a federal employee is suffering from a serious medical condition, a discussion about potential reasonable accommodations should be initiated. Medical conditions can sometimes negatively impact work performance and/or attendance, and by working with the client and treating physicians, LKC attorneys can pinpoint accommodations that could alleviate these issues. Additionally, federal employees should be knowledgeable of their right to invoke FMLA leave. Our firm’s attorneys can assist clients and their medical professionals in the proper drafting of FMLA applications, work with supervisors and Human Resources personnel to ensure necessary leave is approved, and to guard against possible retaliation for utilizing such leave. In addition, we can work with clients, families, and medical professionals to apply for federal disability retirement, which allows eligible employees to retire immediately without early-retirement penalties and to focus on their health and ongoing treatments.

Law Enforcement Officers
LKC attorneys have years of experience in representing federal law enforcement officers, including: United States Park Police (USPP), United States Secret Service (USSS), and the Bureau of Engraving and Printing (BEP). Our firm understands the unique labor and employment matters facing public safety officers and Special Agents, and can provide assistance in the following situations: disciplinary actions, grievances, Internal Affairs interviews and investigations, fitness for duty examinations, security clearance concerns, asserting violations of collective bargaining agreements, and arbitrations. LKC is also familiar with the specialized pay and benefits, as well as heightened retirement requirements and pensions that are available for these law enforcement officers, firefighters, and Air Traffic Controllers (ATC).

Security Clearance and Suitability Determinations
LKC attorneys can assist government employees and contractors as they apply for all levels of security clearances and access. LKC understands the importance of knowledgeable representation to determine proper disclosures, and how to proactively mitigate potential concerns so that a client’s best application is forwarded for determination. In the event that a federal employee or government contractor has his/her clearance denied, suspended, or revoked, LKC attorneys can assist in appealing initial determination and create comprehensive appeal submissions, ensuring the best chance for reversal and reinstatement.

Retirement Calculations and Corrections
At LKC, federal employees and retirees can meet with attorneys who specialize in federal retirement systems: Civil Service Retirement System (CSRS), CSRS Offset, and Federal Employees Retirement System (FERS). LKC attorneys understand the nuanced and important differences between these systems, and can assist with general retirement errors (i.e., missing creditable service, annuity calculation errors, cost of living adjustments, etc.) as well as those individuals whose retirement errors are eligible for correction and benefits under the Federal Erroneous Retirement Coverage Correction Act (FERCCA). LKC employees have years of experience dealing with employing agencies as well as the Office of Personnel Management (OPM) to ensure these corrections are made and applied to our clients’ retirements.

Retirement Benefits in Divorce
Federal employees and retirees, as well as their former spouses, may negotiate over federal retirement benefits during divorce proceedings. It is imperative that counsel understands the specific regulations and precise linguistic requirements needed to properly divide and award these benefits. LKC attorneys work with family law attorneys, around the country, to provide approved language for mediated settlement agreements and divorce decrees, to ensure only the benefits that are agreed upon are actually conveyed.

Active Duty Military and Veterans
Our active duty service members and veterans deserve the very best of legal representation to ensure that their rights are being protected. LKC attorneys are available to assist as service members and veterans navigate the following types of issues: enrollment in hiring authorities such as the Veterans Recruitment Appointment (VRA) and the Veterans Employment Opportunities Act (VEOA); protection against discrimination and unfair job or benefit loss under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA); security clearance applications and appeals; representation during investigations (e.g. Army Regulation 15-6); as well as retirement calculations and corrections.