California Federal Employee Claims

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Federal Employee Claim Attorney

Representing Federal Employees throughout California

When a federal employee is subject to unlawful treatment, they have the right to file a formal complaint and seek relief through an administrative proceeding. These procedures differ drastically from those available to private employees. Many federal employees will ultimately seek justice through the U.S. Equal Employment Opportunity Commission (EEOC), but others may need to pursue complaints with the Defense Office of Hearings and Appeals (DOHA) or the Merit Systems Protection Board (MSPB). 

As a federal employee, you have a very narrow window of opportunity to take action and enforce your rights. You should not wait to speak to our federal employee claim lawyer, who can walk you through how the process works and immediately get to work on your case. We have 35 years of experience and regularly handle complaints filed with the EEOC, DOHA, and MSPB. Our team at Bennett Legal Services will be by your side from beginning to end and fight for the justice you deserve.

Explore your legal options in a free initial consultation by contacting us online or calling (888) 807-5755. We offer flexible payment plans.

Filing a Complaint as a Federal Employee

Private employees in California often have up to 180 days (or sometimes more) to file a claim with the EEOC, but federal employees cannot immediately file a formal complaint. They must first contact their agency’s EEO officer within 45 days of the unlawful act. If you miss this deadline, you will be unable to take any further action against your agency.

After speaking to your EEO officer, you have a choice to make. You can either request an informal investigation or agree to participate in mediation. If you choose to initiate an informal investigation, the EEO officer will speak to everyone involved and deliver a report within 30 days. If you choose mediation, you will work with a trained mediator, who will attempt to find a resolution between you and the defendant. 

Once the informal investigation has concluded or if your mediation session fails to produce an adequate resolution, you will be informed you have the right to file a formal complaint with your agency. You will only have 15 days to submit this complaint. Note that you are not filing a claim with the EEOC at this stage. Your complaint will be handled internally.

Next, your agency will have 180 days to conduct a formal investigation into your complaint. If you receive no word by this deadline, you have another decision to make. You can ask for a Final Agency Decision (FAD), which is a written result of the investigation. Alternatively, you can request a hearing before an EEOC judge. 

If you request a hearing, you and your legal representation will be able to request documents and information from your agency (and vice versa). After reviewing the facts of the case, the judge may decide a hearing is unnecessary and make a decision. Otherwise, the hearing will function similarly to a trial. 

If you receive an unfavorable FAD or an unfavorable decision in a hearing, you can appeal through the Office of Federal Operations (OFO), which is part of the EEOC. This appeal will not include a new hearing and will only involve written arguments. 

You deserve a legal advocate who understands the ins and outs of these complex and sometimes-confusing processes. Our federal employee claim attorney will work closely with you every step of the way.

Securing Relief through a Private Lawsuit

As a federal employee, you must generally exhaust all administrative options before you will receive permission to sue. In other words, you must receive an unfavorable FAD or unfavorable decision in a hearing before you can file a private lawsuit against your agency. Note that you can potentially skip these administrative processes if you were subject to gender-based pay discrimination or age discrimination.

Our federal employee claim lawyer will fight for all applicable forms of relief, including:

  • Lost wages and benefits
  • Reinstatement (if you were fired on unlawful grounds)
  • A promotion (if you were refused advancement on unlawful grounds)
  • Up to $300,000 in compensatory damages
  • Legal fees

At Bennett Legal Services, we are committed to helping federal employees stand up for their rights. Call (888) 807-5755 or contact us online to discuss your case.

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