Federal Employee Discrimination
Are you . . . A Federal Employee?
HAVE YOU BEEN DISCRIMINATED AGAINST?
IT IS CRITICAL YOU SEEK LEGAL ASSISTANCE BEFORE ANY INITIAL CONTACT WITH A COUNSELOR OR INVESTIGATOR.
SPECIAL PROBLEMS FOR FEDERAL EMPLOYEES:
The truth is:
1. The process is vastly skewed in favor of the Agency.
2. A Federal Employee needs protection early and best before any Agency contact and even better “when you see it coming.” It is much easier to prepare and strategize your case as early as possible.
3. A learned lawyer skilled in your Federal Circuit is a must! (We are!) A case that can win in one circuit, can lose in another, with the same facts! Before becoming involved in a case, get expert advice as to whether your situation is consistent with the law in that circuit.
4. Time requirements are very short!
5. Save your evidence and keep a calendar for your attorney’s
review of facts, evidence, and any contact you have had.
6. Because of varied training EEOC counselors and investigators have, it is important to never depend on the representations made to you by the Counselor or the Investigator at face value.
7. Agencies will provide incomplete or wrong information to minimize your claims.
8. Assume your first contact to a counselor will immediately go up the chain, despite it being “private.” It is a tactical assumption you must make and becomes part of your survival strategy! This is of course a dilemma because you need to discuss this strategy with an experienced attorney before first contact. There are things you can do to improve your chances for a better complaint and a better case.
9. The elements for various kinds of discrimination are different. You need to discuss each of these elements in your relevant Federal Circuit.
10. The kind of conduct in a harassment case must be severe or pervasive by an objective standard. If the actions against you are hostile or abusive, that is not enough! The difference between what is hostile and what is severe or what is pervasive or abusive or offensive, is critical.
11. The conduct must absolutely alter the terms or conditions of employment.
12. If you have already spoken with a Counselor or Investigator . . . call on us for information on how to proceed.
Have Starkelaw represent you via phone with BOTH Counselors and Investigators!