Kentucky Federal Employee Attorney

Kentucky Federal Employee Lawyer

When working for the federal government in Kentucky, it’s not uncommon to run into barriers on the job. Understanding the federal processes for a restrictive non-compete, discrimination, harassment, adverse action, or medical/family leave issue is important. If you find yourself in an adverse position when one of these issues arises, you’ll want a Kentucky federal employee attorney who knows how federal agencies work and what deadlines are necessary.

Michael J. Thompson, Attorney at Law, can guide you through the federal system while keeping your interests at heart.

Hire a Federal Employee Attorney

Whether you are directly working for the federal government or as a contractor, federal employment issues are very different, and there are unique rules for federal employees. The attorneys at Michael J. Thompson, Attorney at Law, have experience in administrative, state, and federal forums. We believe every client should receive thoughtful preparation, informed decision-making, and direct communication throughout their cases.

Every case is handled with a thorough review of the issues, regular communication, and professional respect. We understand that when your career and/or agency standing is at stake. Our team can explain your rights and develop the right plan for your situation.

Harassment Law: What Federal Employees Need to Know

Federal harassment law centers on whether unwelcome conduct based on a protected characteristic becomes sufficiently severe or pervasive to affect a job. Many employees have a hard time telling the difference between offensive conduct and legally actionable harassment, which is why it’s important to be clear on the issue right away.

Research from the Merit Systems Protection Board found that 26.4% of women employed in male-dominated federal work units experienced sexual harassment, showing just how common these issues are. Documented incidents, such as repeated comments, intimidating behavior, electronic communications, or being taken off important projects, can define the merit of a claim.

Since these complaints must be filed with an EEO counselor in a timely manner, employees can be well-served by moving quickly. Retaliation protection begins after this initial step is taken.

Common Federal Agency Investigations and Performance Actions

Performance improvement plans (PIPs), reprimands, investigations, and proposed suspensions are all common tools federal agencies use to address issues and concerns that arise in-house. Agencies do not all use them in the same way, and an employee with knowledge of what each action entails can position themselves to provide necessary information in administrative sessions. They can also prevent problems when the actions have the potential to affect future job opportunities, clearances, or security status.

The National Law Enforcement Accountability Database logged 4,790 individual incidents of misconduct involving federal law enforcement officers and officials between 2018 and 2023.

The following are useful facts when dealing with federal employee law cases:

• Performance actions are among the investigative and disciplinary matters that arise most frequently.
• A written notice is likely to provide a due date as well as specify certain expectations. It may also list the evidence.
• Tracking communications, asking for explanations, and highlighting inconsistencies may work in an employee’s favor.
• Finding a procedural defect early on may change the course of a case, or it may stop an unjust action from taking place.

Federal Discrimination Procedures and Timelines

Federal-sector discrimination cases also have much stricter rules than those that may apply in the private sector.

Employees must initiate a complaint by contacting an agency EEO counselor within 45 days of the discriminatory act or personnel action. Failure to meet the deadline can result in the employee having little or no opportunity to seek relief.

Retaliation cases accounted for 53.4% of the 12,226 formal discrimination complaints filed across the country in FY 2021. Many of these cases involved:

• Patterns of disparate treatment
• Changes in job assignments
• Comparative evidence
• Proof of motivation

Staying organized and keeping notes, emails, and records of conversations can enable an employee to present their side during the administrative process. They can also prevent claims from being dismissed at the earliest stages.

Adverse Actions and Wrongful Termination in Federal Service in Kentucky

Removals, suspensions, demotions, and required resignations are examples of personnel actions that often result from an internal review or agency investigation. They are generally required to meet the “efficiency of the service” standard. The relevant federal employee laws call for some connection between the action and the ability of the agency to function. Employees in these situations should know the following:

• When MSPB appeal rights are triggered
• How classification and service history impact available remedies
• The relevance of past performance appraisals or issues
• The importance of timely action in response to proposed actions

Preparing a response usually depends on the employee’s ability to interpret the agency’s responsibilities and their procedural rights.

Non-Compete Issues for Federal Contractors

Contractors, rather than federal civil service employees, are most likely to encounter questions about non-compete issues. These may occur when: 

• A federal contractor is moving between companies.
• A contractor leaves a private employer to work on a federal contract.

In these contracts, there may be a non-compete clause. Whether such a clause is enforceable depends on the state in which it was made. Its enforceability may also depend on whether the duration, geographical area, and type of work specified are reasonable.

Contractors should also consider whether the restriction applies to opportunities involving government contracts or those that require particular clearances. Understanding the limits of what a former employer can enforce may help an employee make decisions when transitioning between contractor positions.

FMLA Rights: Challenges and Requests for Federal Leave in Kentucky

Employees covered by the FMLA can take up to 12 weeks of job-safe, unpaid leave to deal with medical or family care issues. Conflicts with agencies arise frequently. Employers may:

• Second-guess doctors’ opinions.
• Take an inordinate amount of time to approve a request.
• Discipline an employee for absences that fall under the statute.

A basic understanding of eligibility rules, certification timelines, and return-to-work protocols can help employees steer clear of unnecessary conflict. If an agency hinders an employee’s use of leave, pressures an early return to the workplace, or counts time on approved leave as misconduct, the employer may be in violation of federal law, and such conduct may be actionable.

Forums for Federal Employees’ Workplace Disputes

Federal workplace disputes in Kentucky are typically heard in various administrative systems, which can have very different rules from those in civil courts. The forum you use may affect the deadlines for filing, what types of evidence you can present, and what remedies you can get.

Discrimination complaints are filed with the Equal Employment Opportunity Commission, but most adverse actions are appealed to the Merit Systems Protection Board. Other types of issues are decided in agency-specific procedures.

In Fiscal Year 2023, for example, MSPB administrative judges issued 4,572 decisions, showing how active these administrative routes remain. In some cases, the deadlines can be very short, so it is to employees’ advantage to understand these processes before determining how to proceed.

FAQs About Kentucky Federal Employee Laws

What Should Federal Employees Know Before Beginning the EEO Process in Kentucky?

In Kentucky, employees need to reach their agency’s EEO counselor as soon as possible because the time to take action is short. Prior to contacting the counselor, a federal employee can gather documents, make notes about what happened, and decide what remedy they wish to seek. Emails, messages, and other written records should be saved for navigating the early steps of the complaint process.

How Are Federal Wrongful Termination Claims Different From Private-Sector Cases?

Terminations from federal government employment are processed through written proposals, response opportunities, and the right to appeal through the Merit Systems Protection Board. Each stage includes deadlines and requirements for review that are different from private-sector employment.

A Kentucky federal employee lawyer can explain which rules apply to a situation, determine if an adverse action was fair, and know what materials are needed to support an appeal.

What Steps Should a Federal Employee Take After Experiencing Harassment in Kentucky?

In the federal workplace, an employee who experiences harassment should first document specific events, including the dates, any witnesses, and changes in assignments or duties. In most situations, the employee can report concerns to the EEO office to begin the process. Understanding how the behavior or conduct has affected the work environment can be useful for determining if it meets the legal definition of harassment.

Where Can Kentucky Federal Employees Report Workplace Issues?

Employees from the federal government who work in Kentucky can contact the EEO office that corresponds with their agency. As an example, federal workers around Fort Campbell can contact the Equal Employment Opportunity Office at Blanchfield Army Community Hospital, 650 Joel Drive, Fort Campbell, KY, for pre-complaint counseling and assistance.

Contact a Kentucky Federal Employee Attorney

Whether you have questions related to discrimination, harassment, non-compete issues, federal leave regulations, or disciplinary actions, knowing your rights is crucial for protecting them in the federal workplace.

Michael J. Thompson, Attorney at Law, can review your options, using their knowledge of federal procedures and agency guidelines to find the ideal route. Contact our office to schedule a consultation and hire a federal employee attorney.