Employment Practices Areas

Federal law prohibits discrimination against federal employees based on race, color, sex, national origin, religion, age, and disability. At the Pekich Law Firm, we are committed to safeguarding your rights in the workplace. If you have raised concerns or complaints about discriminatory or harassing behavior, federal law also protects you from any retaliation. Our dedicated legal team is always ready to support and represent you to address any discrimination or retaliation you may face.

The federal workplace has its own set of rules that enable federal employees to engage in due process. Generally, federal employees have the right to file an MSPB appeal if they are removed, demoted, or suspended for more than 14 days on account of misconduct or poor performance. Federal employees can appeal these actions even if they do not believe that they were discriminated against or harassed by the federal agency.

As per federal law, employees who report misconduct within federal agencies are protected from any kind of retaliation. If you have reported any violation of laws, rules or regulations, mismanagement, misuse of funds, abuse of authority or safety violations, you have the right to protection. We are committed to upholding your rights and providing legal support to help you navigate any retaliation you may face for speaking out against wrongdoing.

Federal employees are entitled to certain protections when it comes to performance management. They cannot be terminated for poor performance without prior warning or an opportunity to improve. This typically involves verbal and written performance coaching. If coaching does not improve the situation, employees may be placed on a Performance Improvement Plan (PIP). The PIP provides structured support and information to help employees succeed. At the Pekich Law Firm, we're dedicated to ensuring that federal employees are treated fairly throughout the performance management process. We advocate for their rights and guide them towards a successful resolution.

Federal employees who have medical conditions that significantly limit their ability to perform daily life activities may be eligible for workplace accommodations. These adjustments, such as flexible schedules, aim to provide equal access and opportunities in the workplace. To qualify, employees must demonstrate that their disability affects their ability to perform an "essential function" of their job, along with meeting other criteria. At the Pekich Law Firm, we are dedicated to assisting federal employees in navigating the accommodation process, advocating for their rights, and ensuring that their needs are met in the workplace.

The Family and Medical Leave Act (FMLA) is a law that provides important protections for eligible federal employees. It allows them to take up to 12 workweeks of unpaid leave during any 12-month period for various purposes. These include caring for a newborn, adopted, or foster child, caring for a family member with a serious health condition, or attending to one's own serious health condition. It's important to note that federal employees who request or take FMLA leave are protected from discrimination, retaliation, harassment, or job loss upon their return. At the Pekich Law Firm, we are dedicated to upholding these rights for federal employees so that they can take the leave they need without fear of negative consequences.

Social Security Disability Benefits offer crucial financial support to individuals facing debilitating personal injuries or chronic illnesses/disabilities, which prevent them from working. These benefits provide much-needed income to help them cover their expenses and maintain their quality of life during challenging times. At the Pekich Law Firm, we understand the significance of securing these benefits for our clients. We are dedicated to guiding them through the application process and advocating for their rights to ensure they receive the support they deserve.

If a federal employee is unable to perform their job effectively due to a disability, and there is no reasonable accommodation available, the Office of Personnel Management (OPM) provides disability retirement as a solution. This retirement option offers financial assistance and stability to those who have significant challenges due to their disabilities. At the Pekich Law Firm, we understand the importance of exploring every option to secure the benefits and support our clients deserve. We are dedicated to guiding federal employees through the disability retirement process while ensuring that their rights are protected and their future is secure.