Wrongful Termination Lawyers for Federal Government Employees
Alan Lescht and Associates provides legal representation to federal government employees facing illegal firings, unlawful removals, and retaliatory personnel actions. Our dedicated legal team represents federal government employees around the world in connection with proposed discipline, Merit System Protections Board (MSPB) appeals, EEO cases, Office of Special Counsel (OSC) complaints, and other administrative matters. We also represent government employees in federal court litigation in Washington, DC, Maryland, and northern Virginia.
Need direct legal guidance for a wrongful termination?
Speak with an experienced federal employment attorney today. Call our team at (202) 463-6036 or submit your case details via our secure intake form for a comprehensive case evaluation.
What is wrongful termination in federal employment?
Unlike at-will private-sector employees, many federal government employees have due process rights. A federal termination is illegal if it violates anti-discrimination laws, whistleblower protections, or federal merit system principles.
Under federal standards, the government cannot fire, remove, or terminate your employment based on:
- Unlawful discrimination: Age, color, disability, genetic information, national origin, pregnancy, race, religion, or sex/gender.
- Whistleblower activity: Exposing waste, fraud, abuse, or gross mismanagement to an Inspector General, the Office of Special Counsel (OSC), a supervisor, or certain other government officials.
- Retaliation: Firing you because you complained about unlawful conduct, filed an EEO complaint, or requested a workplace accommodation.
- Violation of civil service protections: Terminating competitive or excepted service employees without proper notice, just cause, or statutory due process.
Notice of Proposed Removal and MSPB appeals
Most federal civil service employees are entitled to job protections and post-termination appeal rights. These job protections include advanced written notice of proposed removal and an opportunity to respond. Navigating the response window and administrative appeal process effectively is critical to safeguarding your career, record, and retirement benefits.
The Notice of Proposed Removal process
In most cases, the government must provide certain due process protections before removing employees. These protections include:
- Advanced written notice of proposed removal that explains the reasons for the action
- An opportunity to review the government’s evidence file
- An opportunity to submit a written response and/or to provide an oral reply
During this process, employees have the right to hire an attorney for the written response and oral reply.
Appeals to the Merit Systems Protection Board (MSPB)
Most federal employees can challenge removal based on denial of due process, discrimination, whistleblower retaliation, non-compliance with merit system principles, and similar violations. Many civil servants have the right to appeal removal actions before the Merit Systems Protection Board (MSPB), where an Administrative Judge can order reinstatement, back pay, interest, and attorney's fees.
Why choose Alan Lescht and Associates for your wrongful termination case?
If you are a victim of wrongful termination, we can help. Our attorneys will evaluate your case, explain your options, and develop a strategy to assert your rights. Alan Lescht and Associates represents federal employees in the following matters:
- Proposed discipline
- Merit Systems Protection Board (MSPB) appeals
- EEO and discrimination complaints
- Office of Congressional Workplace Rights (OCWR) complaints
- Office of Special Counsel complaints
- Whistleblower retaliation claims
- Office of Inspector General (OIG) and other federal investigations
- Mediation and alternate dispute resolution (ADR)
- Settlement negotiations
- Federal lawsuits
Schedule your legal consultation today
Send us an email or call us at (202) 463-6036 to speak with an experienced employment attorney. Alan Lescht and Associates offers strategic and results-driven legal services to federal government employees around the world.
MSPB Docket 0752-12-0519-I-1 (2014)
GSA fired our client following the Western Regions Las Vegas Conference scandal in 2013. We appealed his termination to the MSPB and argued that the agency failed to prove that Mr. Weller engaged in conduct unbecoming of a federal employee. MSPB law judge Ronald Weiss reversed Mr. Weller’s termination, and ordered the agency to return him to work. He also awarded our client 19 months’ back pay.
EEOC Case No. 570-2006-00660X
Our client was a GS-14 Department of Labor employee. He is African-American. Our client’s supervisor told him that the agency would give him a non-competitive promotion to a GS-15 position when the incumbent retired. However, the agency later required our client to interview for the position, and did not select him. Instead, it selected a white female employee who was our client’s subordinate. We convinced an EEOC Administrative Judge that the agency’s decision was discriminatory. The judge awarded back pay, front pay, compensatory damages, and attorney’s fees.
MSPB Docket No. PH-0752-17-0130-I-1
Our client retained us after receiving a Notice of Proposed Removal for alleged lack of candor. The agency alleged that our client had improperly included a certification on her resume which she did not complete and sustained her removal. We appealed the removal to the MSPB and successfully mitigated the penalty to a suspension. The MSPB also awarded our client’s attorney’s fees.