Specific Case Results
While every case we deal with is unique, our clients often wonder what they can expect to happen with their own specific cases. In order to give an idea of our firm’s successful legal outcomes, we’re happy to share a wide variety of scenarios the federal employment attorneys from our firm have dealt with successfully.
*We must note that the results of every case may vary based on the unique facts and law applicable to that particular case. While these results are indicative of our experience, knowledge, and success, they are not a guarantee for success in dealing with future cases.
FOCUS: TERMINATION ORDER TURNED INTO A NEW CAREER PATH
While working with the U.S. Department of Agriculture, a federal employee sought our firm’s assistance after believing to have been unfairly removed from the position he was hired for due to an alleged inability to perform the essential functions of his job. After hearing the rest of the details surrounding the case, our attorneys immediately recognized that this employee was being treated unfairly and had a legitimate Equal Employment Opportunity case. With a mandatory 45-day window of time to act, our attorneys initiated the EEO process and filed a formal complaint to begin guiding our client through the investigative process. Our firm was able to show, after a great deal of negotiation with the attorney representing the U.S. Department of Agriculture, that our client’s termination was a result of his race and national origin, having nothing to do with his performance at all.
RESULT: Ultimately, our attorneys were able to negotiate that our client be transferred, rather than terminated. These negotiations covered both his moving expenses and attorneys’ fees, allowing him to move into a more constructive work environment where his career is now thriving.
FOCUS: GENDER DISCRIMINATION
This particular client, who had been serving as an acting manager with the U.S. Department of Labor for over a year, suspected that she had been the victim of gender discrimination. A knowledgeable and experienced employee, she came to this conclusion when the agency’s actions were not reflective of her past performance. The agency chose a male candidate who lacked federal civilian employment experience to fill her role, despite consistent positive reviews from her colleagues. Instead, our client was offered a position on the other side of the country that would have separated her from her family.
RESULT: Through mediation, our attorneys were able to persuade the Department of Labor to provide our client with a comparable position that was closer to her family, in addition to covering both her legal and moving-related expenses.
FOCUS: SUCCESS WITH DISABILITY RETIREMENT
Though he had filed his application for disability retirement on time, one of our clients who was an employee from the Social Security Administration (SSA) was told that his application was rejected for being filed after the deadline. Our client had provided his application to his Human Resources department on time. The human resources department incorrectly informed him that his Social Security Disability Benefits needed to be approved before they could process his application. Despite showing the Office of Personnel Management (OPM) that he had filed his application in a timely manner, our client was then told his medical records did not support the claim for disability retirement.
RESULT: By working with his healthcare providers, we were able to provide the OPM the necessary documentation they required, ensuring that our client was granted disability retirement annuity payments that allowed him to affordably live closer to his children.
FOCUS: TERMINATION BASED ON RACE
Our firm represented a client who was wrongly terminated from the Delaware Air National Guard for the unauthorized use of a government credit card. While our client may or may not have used the credit card without authorization, our attorneys were able to demonstrate that Caucasian employees that made the same use of their government-issued credit card were never reprimanded for doing so, whereas our non-caucasian client was terminated. We proved that our client was the victim of job discrimination based on race after continuing our investigation into the facts surrounding the case.
RESULT: We were able to negotiate a $75,000.00 settlement for our client based on EEO laws regarding wrongful determination based on race after working with the federal agency involved.
FOCUS: TERMINATION BASED ON DISABILITY AND AGE
Although our client working with the Transportation Security Administration (TSA) was a seasoned professional with many years of working experience in his position, the TSA increased his workload and placed unreasonable deadlines on his assignments in order to force him to retire as he approached retirement age. In addition, the agency demanded that our client provide medical documentation that was already on record with their department after he requested a reasonable accommodation to help him with his increased workload.
RESULT: Our firm successfully negotiated a fair and reasonable settlement of $77,000.00 for our client after working with the federal agency that had terminated him based on his disability and age.
FOCUS: WRONGFUL TERMINATION
In his first year as a civilian employee at the United States Army (USA), our client was wrongfully terminated as an alleged probationary employee. Our client had already been working with the agency in question for a number of years in a related position, making his status as a probationary employee incorrect. Our client maintained this fact as his termination process was underway. After working closely with the agency, we established that our client’s previous years working with the agency and his most recent role were both related.
RESULT: Our client’s termination was rescinded after we arrived at a settlement agreement, in addition to substantial compensatory damages and a neutral letter of reference for our client.
FOCUS: DISABILITY DISCRIMINATION
Our client’s disability resulted in him being subjected to a hostile work environment while working at the Department of the Navy (DON). After seeking out our law firm, we were able to show that the agency was in clear violation of the laws regarding discriminating against employees with disabilities. When our client had made reasonable accommodation requests regarding his disability, the agency in question denied them. Ultimately, the administrative judge handling the case had both parties involved participate in a settlement conference.
RESULT: Our firm secured $67,802.00 in damages for our client, reassignment to a different supervisory chain, and restoration of substantial annual and sick leave hours.
FOCUS: NON-SELECTION BASED ON RACE AND GENDER
Although our client had the qualifications for a position that were plainly superior to those of the selectee who was chosen over her, she was not selected for the promotion she deserved by the Department of Homeland Security (DHS). We were able to establish a prima facia of discrimination after litigating the matter, establishing that the agency’s explanation for not promoting our client was a pretext for a discrimination case. A Final Agency Decision was issued by the agency stating that the employee had been the subject of discrimination.
RESULT: We secured an award for out client as a result of our representation that covered reasonable attorneys’ fees and a promotion for our client to the position at issue. In addition, the Responsible Management Officials were required to undergo mandatory EEO training.