January 2018 Victories at Alan Lescht & Associates!

In spite of the government shut-down this month, our team has been hard at work.

Most recently, we helped a federal employee mitigate a proposed removal to a 14-day suspension. Our client was a high-level supervisory official at the Air Force. The Agency launched an investigation after two subordinate employees filed complaints against our client for creating a hostile and abusive work environment. Our client was the employees’ supervisor, and they filed complaints because they were unhappy about being put on a performance improvement plan. At the conclusion of the investigation, the Agency compiled a Report of Investigation (ROI) with dozens of statements and documents supporting the hostile work environment accusations. Because the Agency found there was evidence to support the allegations, it issued a proposed removal against our client.

We responded to the Agency’s proposed removal by arguing that the investigation was biased and that, even if true, the accusations did not give rise to a hostile work environment claim.  We also obtained over twenty witness statements from surrounding employees to refute the harassment allegations. Many of these witnesses were overlooked or not contacted during the Agency’s investigation. Ultimately, the deciding official mitigated the removal to a 14-day suspension, and our client got to keep her current job.

Another matter that we successfully resolved in January 2018 involved a high-profile federal employee that had been placed on a lengthy period of administrative leave and indirectly accused of wrongdoing through the press.  We filed suit to determine who leaked the inaccurate information and represented the client in two interviews with agency attorneys as part of an investigation.

Through the course of our representation we made it clear to the agency that we would vigorously oppose any adverse actions by the agency and publicly pursue causes of action for any leaks or defamatory statements.  We were able to secure a resolution that permitted our client to return to work on a special assignment without a loss of pay or benefits.  We also secured full repayment of the client’s attorneys’ fees.

Questions? Call us today at (202) 463-6036, email us, or visit our website. We assist federal employees responding to proposed discipline, appealing discipline to the MSPB, asserting discrimination claims before the EEOC, pursuing grievances, challenging clearance revocations, and appealing denial of within-grade increases.

Leave a Comment