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June 2016 Archives

You can file suit when your manager thinks you're the one who blew the whistle but you didn't

It is not uncommon for federal government supervisors who are the subject of an anonymous IG investigation to harbor ill will against the employees whom they believe blew the whistle on them. And we frequently encounter cases where federal employees believe they have been targeted by their supervisor because the supervisor believes that the employee complained about them to the IG when in fact the employee did not.

Who can serve as deciding official in a proposed disciplinary action?

Many times federal employees facing a proposed disciplinary action question whether the person chosen by the agency to serve as the deciding official can be stricken because they are biased, know the proposing official, or have knowledge of the underlying events. MSPB case law makes it very difficult, if not impossible, to succeed in such a challenge.

SEC makes significant awards to whistleblowers in May

Washington, D.C., residents may be interested to hear that this past month, the U.S. Securities and Exchange Commission awarded an employee over $17 million -- the second-highest award paid to a whistleblower in the agency's history. Other recent awards include a May 29 award of over $450,000 to two employees who tipped the agency about a situation that resulted in a corporate accounting investigation; a May 17 award of $5 to $6 million to an employee who tipped the agency off about securities violations that would otherwise have gone undetected; and a May 13 award of $3.5 million to a worker whose information bolstered an existing investigation with additional evidence.

The baffling reality of age discrimination: How too much experience can impede your career

When it comes to the workforce, experience can cut both ways. Many advanced careers require years or decades of demonstrated experience. However, older workers are increasingly finding themselves shut out of career opportunities simply because of their age.

How social media can affect your security clearance

Social media provides a window into the private lives of individuals. Sometimes, that window can reveal red flags that cast doubt on the character of those entrusted with our nation's secrets.

Non-compete agreements in employment contracts may be unfair

Newly-hired employees in various types of job industries in Washington, D.C., sign certain pieces of paperwork with regard to their working conditions and responsibilities. Often included as part of an employment contract are non-compete agreements. However, some suggest that these agreements are being used unfairly or even unlawfully.

What acts fall under the umbrella of wrongful termination?

What if, despite your hard work and success at your job, you were suddenly fired for a reason that seemed unfair or even unreasonable? Many people in Washington, D.C. who are in situations like this may want to pursue a wrongful termination lawsuit. However, there are limited circumstances in which an individual can take this course of legal action.

What practices may federal employers not engage in per law?

Federal employees in Washington, D.C., have workplace rights beyond the right not to be discriminated against by their employer. They are protected by federal law against prohibited personnel practices (PPP). What are some examples of PPP?

Federal employees have rights that should be upheld

Federal employees in Washington, D.C., are the backbone of our federal government, often working behind the scenes to keep things running. However, they too can face many of the same employment law problems that private sector employees face. That being said, almost all workers, whether they work in the private sector or the public sector, are protected by various federal Equal Employment Opportunity laws against employment discrimination.

FBI employees lack whistleblower protection, committee say

Whistleblowing -- that is, reporting your employer's illegal misdeeds -- is an important right in keeping a business or government organization honest. Therefore, Washington, D.C., residents may be interested or even surprised to hear that, according to a Senate report, our nation's foremost crime fighting agency, the Federal Bureau of Investigation has numerous deficiencies when it comes to whistleblower protection.

Is it possible for employment contracts to be implied?

Some workers in Washington, D.C., may be party to an employment contract. In general, an employment contract is a written document, bearing the signature of both the employer and the employee and detailing the conditions of employment, such as compensation, best efforts and noncompete agreements. However, is it ever possible for an employment contract to be implied?

Lawsuits for denial of benefits and pregnancy discrimination rise

In Washington D.C. and across the U.S., it is the goal that gender-based discrimination will eventually become a thing of the past. However, there is still a stigma and potential retaliation against women who get pregnant. Although women should not be subjected to a denial of benefits or a violation of their employee rights if they choose to have a child, it still does happen.

Amendment regarding sexual orientation discrimination shot down

Lesbian, gay, bisexual and transgender rights are a prominent issue in the United States these days. Whether it is marriage rights or rights in the workplace, some residents of Washington, D.C., may think that these days the issue of sexual orientation discrimination are for the most part a thing of the past. However, this is far from true, as a recent measure regarding LGBT rights and workplace discrimination shows.

Even 'at-will' employees can face wrongful termination

As many residents of Washington, D.C., may be aware, many times a person's employment is considered to be "at-will." This basically means that there is no contract governing the employee's employment and the employee can be fired for any reason, or even for no reason at all. However, even at-will employees can face wrongful termination.

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I have been a litigator for close to 20 years and Alan is most certainly one of the best attorneys I have ever come across.
Mr. Lescht is an excellent Trial Lawyer, He is calm, cool, and collected.
I also appreciated Alan's frankness and his ability to identify what is important and what is not when going through a case like this.
I would highly recommend Alan to anyone who needs an exceptional and incredibly talented Employment Attorney.
Mr. Lescht is an extraordinarily responsive attorney, returning my emails and phone calls within minutes. I would absolutely recommend him to anyone who thinks they may need a lawyer. Definitely incredible work.
I was impressed with his knowledge and professionalism, and I will always be grateful for his guidance.

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