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Disclaimer
If you submit your case online, we will review your
submission to evaluate whether representation could be appropriate for
the firm. If we believe representation may be appropriate, we will
contact you to obtain additional information. Submitting your
information online does not create an attorney-client relationship.
If we decide to accept your case, both of us will sign a written
representation agreement setting forth the terms and conditions of the
representation. Please do not submit confidential information
online.
GOVERNMENT EMPLOYEES
Government Employees
Government employees often enjoy additional rights not shared by private
sector employees. Eligible employees include federal employees,
postal workers, employees of state agencies, employees of public
universities, city workers, and public school workers.
Due Process
Citizens are entitled to due process from their government. This
constitutional requirement does not change when the government acts as
an employer or when a citizen acts as an employee. Substantive due
process requires that employees be treated fairly in the workplace.
Procedural due process requires that employers adopt procedures, such as
grievance processes, so that workers can exercise their rights.
Civil Service Protection
The United States Merit Systems Protection Board protects the rights of
federal employees. Most federal employees,
including postal workers, can appeal the following decisions:
- removals
- suspensions of more than 14 days
- reductions in grade or pay
- furloughs of 30 days or less
- performance-based removals or reductions in grade
- denials of within-grade salary increases
- reduction-in-force actions
- OPM suitability determinations
- OPM employment practices
- OPM determinations in retirement matters
- denials of restoration or reemployment rights
- terminations of probationary employees (under certain circumstances)
Many state and local government employers have civil service systems modeled after the federal government.
Traps and Pitfalls
Although government employees have special rights and procedures,
deadlines are often short and strictly construed. It is not
uncommon to see government employers adopt extremely short deadlines to
file grievances. In some cases, the deadline can be a matter of
days. Therefore, it is of the utmost importance that an employee
acts quickly to assert his or her rights.
Robert J. Wiley is the attorney responsible for this website.
Robert J. Wiley is licensed to practice law in California, Texas, and Washington, D.C.
Robert J. Wiley is a Texas Board of Legal Specialization Board Certified Specialist in Labor and Employment Law.
The firm is headquartered in Dallas, Texas.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.