• Wrongful Termination – If you are fired improperly or unjustly you may be entitled to reinstatement, back-pay and attorney fees.
• Demotions and Suspensions (longer than 14 days)

Most federal civilian employees, including Postal Service employees who have served in the military, have the right to appeal such serious adverse actions to the Merit Systems Protection Board (MSPB). This is a federal administrative agency which makes “quasi-judicial” decisions on such cases. Decisions of the Board are appealable to the federal courts. The Board also has jurisdiction over other matters such as denials of disability retirement applications, reduction-in-force disputes, etc.

Your employment is a valuable asset, and wrongful termination cases can result in your being reinstated to the job with back pay and benefits, plus payment of your attorney fees.

Examples of cases we have handled:

• An IRS employee was fired for poor performance after she had filed several discrimination complaints, had been called derogatory names, and as a union steward had represented others against IRS management. We challenged the termination at MSPB and simultaneously filed a discrimination lawsuit in federal court, resulting in a six-figure settlement.
• A Department of Defense worker was fired for unacceptable job performance. We proved that she was given no warning of her shortcomings and no opportunity to improve, and that she was fired by an inexperienced, incompetent manager. She was reinstated with back pay and legal fees.
• A Postal worker was wrongly accused of stealing money from a cash drawer and, after hours of interrogation by the Postal Inspection Service, confessed; he was then fired for stealing. We proved to the MSPB that the confession was coerced, resulting in his reinstatement with full back pay, benefits and attorney fees.(back to top)

Any injury caused by the negligent or intentional act of another may be the subject of a claim or suit by the person injured. Typical of such cases are vehicle accidents and premises (slip-and-fall, etc.) injuries. An injury at work can give rise to one of these claims, in addition to the workers’ compensation claim.

These injury claims are governed by state laws, and by federal laws such as the Federal Tort Claims Act (FTCA). The FTCA covers claims against the federal government, usually brought by persons not employed by the U. S. Government.

There are many attorneys active in the personal injury field, and their names can be obtained through your local bar association or from referrals from friends and relatives who have had dealings with reputable attorneys. Always be aware that if your injury was caused by the negligent or intentional act of another, you may have both a personal injury claim and a workers’ compensation claim if there was some connection to your work.

Our office has represented hundreds of personal injury clients over the years, in both state and federal courts. Presently we represent personal injury plaintiffs whose cases arose in (that is, the injury occurred in) Southern California only.

Federal employees who become disabled from performing their regular job, whether or not due to on-the-job injuries, may be eligible for disability retirement. This “early-out” for disablilty is a program administered by the US Office of Personnel Management. Federal regulations set out the requirements for a successful disability retirement application, but each case depends on its specific facts and the evidence presented.

With certain exceptions, an application for disability retirement must be received by OPM while the employee is still working for the federal government or within one year after employment ends. Specific medical information must be provided to OPM by the applicant.

Examples of cases we have handled:

1. A Postal letter carrier suffered from post-traumatic headaches after an on-the-job injury. The Postal Service gave her limited-duty work inside the post office, but she had so much pain she cried at work every day. Even though the Postal Service claimed she had been reasonably and permanently accommodated, we proved to MSPB that she was disabled, and she received her disability retirement.
2. A disabled IRS employee’s disability retirement had been denied due to insufficient evidence, even though his doctors said he was disabled. We proved to OPM that despite the possibility that he could work, he was unable to do so in a useful and efficient manner; his benefits were then approved retroactively to when he stopped working and into the future.
3. A disabled government employee did not file her claim for disability retirement within the one-year time limit and it was denied. We proved to OPM that she was incompetent during a sufficient period of time to make her application timely, and she was granted the benefits.

Federal employees must first seek EEO counseling at the office where they work, and then go through a “formal” EEO complaint process at their employing agency. Thereafter, if not satisfied with the employer’s response to the complaint, they may take their case to the Equal Employment Opportunity Commission (EEOC) and/or to the federal courts.

• Disablilty – Do you feel that a disability has been the reason for your termination, the denial of a promotion you sought, or other employment disadvantage?  An example would be: My boss knows I am a diabetic and need to take short breaks to check my blood sugar, but he puts me on assignments that make that impossible.
• Age – Do you feel that you have been denied an employment benefit due to your age?  If so, why?  An example would be: My boss kept suggesting that I retire, and unfairly criticized my work as being “too slow” when I am the best worker in the office.
• Sex - Do you feel that you have been denied promotion or other employee benefit due to gender or have been sexually harassed?  An example would be: My supervisor kept asking me out for a date, but when he finally realized I wouldn’t he started giving me negative work performance appraisals.

Examples of cases we have handled:

A female Postal employee was harassed by a coworker, resulting in lost work time and psychiatric care, but management did little to stop the harassment. We obtained a six-figure award at EEOC and, when the Postal Service refused to pay, we filed suit in federal court and settled the case for about the same amount.

A female Navy Department employee was harassed at work by her male subordinates, but management told her she “had to live with it” and gave male employees awards for work she had done. We filed suit in federal court and obtained a six-figure settlement.

Two TSA screeners were fired for false reasons, because each had been involved in a prior discrimination complaint.  We pursued cases before EEOC and won reinstatement to their jobs, back pay, compensatory damages, and attorney fees.

If you feel that your employer is about to take, or has taken, an action against you that you feel is unfair or improper, it is always a good idea to talk to an experienced attorney as soon as possible to determine if you have a legal remedy.

At this office we primarily represent workers’ whose work injuries are governed by the Federal Employees Compensation Act (FECA), 5 U.S.C. Sections 8101 et seq.  If you are unsure of which law governs your situation, ask a knowledgeable attorney as your rights may vary greatly depending on which law applies.  Workers’ compensation laws typically cover:

• Accidental injuries at the workplace may entitle you to continuation of your regular pay and worker’s compensation benefits (including medical care) while you are unable to work.
• Chronic exposures and repetitive injuries such as carpal-tunnel syndrome, noise exposure resulting in hearing loss, etc., may also entitle you to the same workers’ compensation benefits.

1. If you work for the federal government and were injured at work, our office can represent you or give you advice, wherever you live.
2. If you work in maritime or other employment covered by federal law and you were injured at work, our office can either represent you or refer you to other competent counsel.
3. If you were injured at work but not in federal or maritime employment, we may not be able to accept your case if there is no third party (someone other than your employer) at fault.

The FECA covers federal civilian employees who work for U.S. government agencies, including the Postal Service. See our links to other sites for a list of these agencies. Also covered are certain volunteers, Peace Corps personnel, and state law enforcement offices injured while apprehending a federal criminal, and others.

There are several other federal laws that govern work-related injuries, including the Jones Act covering seaman who are injured in the course of their service to a vessel in navigation; this can include workers on movable oil platforms and work boats, as well as ocean-going ships; the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) covering longshoremen and others working in maritime employment; extensions of the LHWCA covering defense base employees (Nonappropriated Fund Instumentalities Act – NFIA; Defense Base Act), oil platforms (Outer Continental Shelf Lands Act – OCSLA), and war injuries to civilians (War Risk Hazards Act); the Black Lung Benefits Act (BLBA) covering mine workers; the Federal Inmate Compensation system covering inmates in federal prisons; the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) covering atomic industry workers; etc.  Such injuries may also give rise to other federal benefits such as Social Security payments.

It is important to remember that a person injured at work may have both a workers’ compensation claim and a “third party ” personal injury claim against a negligent party (see non-work-related injuries).

Examples of cases we have handled:

• A federal worker was seriously injured driving home from work late at night. The FECA claim was denied because she wasn’t at work when injured. We obtained benefits for the worker by proving she was required to use her car during the workday, making her trip home covered under workers’ compensation.
• A retired federal worker came in still suffering from an old knee injury. Since he had worked on ships, we asked him about asbestos exposure and lung problems, for which he had never thought to file a claim. He received a six-figure FECA benefit for the lung injury, in addition to extra benefits for the knee.
• An injured seaman settled his claim for $10,000 plus lifetime medical care for his injuries. Several years later the employer refused to keep paying his medical bills. We sued the employer for fraud and, in spite of the earlier settlement, obtained an additional six-figure settlement.