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“Gross Waste”: Do Fed Employees Know It When They See It?
By Mark D. Roth Employees who see wrongdoing by their superiors are rightfully cautious in deciding to “blow the whistle” on fraud, waste, and abuse for fear of retaliation. The latest striking example of federal employees’ reluctance to disclose obvious …
Federal Employees Face Uphill Battle to Improve the Worst Agencies
By Mathew B. Tully There’s bad, and then there’s really bad. A majority of federal employees braved the political and economic storms that hit the federal government in 2011 with their job satisfaction and commitment only declining by 1.5 percent, …
Ask the Lawyer: What Exactly Qualifies as Wrongful Sexual Contact Under the UCMJ?
By Mathew B. Tully While the most serious sexual assault offenses, such as rape and aggravated sexual assault, have captured the most media attention, wrongful sexual contact is actually becoming a bigger problem in the military. In the 2010 fiscal …
White Lies Can Leave Dark Stains on Federal Careers
By Mathew B. Tully With executive branch agencies facing tighter budgets and looking harder at the bottom line, federal employees have come under intense scrutiny. Naturally, with this greater scrutiny comes a greater fear of making mistakes. There is also …
Go Back to School With the Post-9/11 GI Bill: A Lawyer’s Story
Originally posted in New York Law Journal. With the last U.S. forces being pulled out of Iraq in December 2011 and troops expected to leave Afghanistan by 2014, over 1 million members of the armed forces will come off active …
Ask The Lawyer: Should I Reject Captain’s Mast For Court-Martial?
By Mathew B. Tully When deciding whether to take a case to court-martial instead of Captain’s Mast, the big question is how hard do you want to fight for your innocence? The next question is do you really want to …
Adversarial Relations Become A Hard Habit To Break
By Mark D. Roth More than two years have passed since President Barack Obama revived a Clinton-era initiative designed to help federal agency managers and labor officials agree on how to better deliver government services. The council that the administration …
Ask the Lawyer: Family’s Losses Depend on Charges, Sentence
By Mathew B. Tully Question: What will happen to my family if I am convicted at court-martial and sentenced to confinement with a punitive discharge? Answer: What happens in the short term to dependents of service members sentenced to confinement …
Ask The Lawyer: Is It A Crime, Yet?
Q: At what point does an attempt to do something illegal become criminal, even if you don’t pull off the crime? A: In the military, anyone who tries to commit a crime, regardless of whether he or she actually does …
Ask The Lawyer: What If You Are Being Punished For Blowing The Whistle?
By Mathew B. Tully With Congress squeezing the Department of Defense’s budget, you’d think military officials would warmly embrace any service member who reports an instance of fraud or waste. Unfortunately, that is not always the case. In fact, a …
Feds Can Doom Their Careers with the Click of a Button
By Mathew B. Tully With federal agencies desperately looking to cut down on waste, and the presidential campaign heating up, federal employees should be especially mindful of how they use their government computers. Employees may jeopardize their jobs by spending …
When in Doubt, Don’t Wear Uniform to Off-base Events
Q: I am very active in community events off base. How do I know when not to wear my uniform? A: If you need to even think of the question, don’t wear your uniform. These days, many service members risk …
Brand Power – It’s How You Stand Out in the World
Greg Rinckey is an attorney the same way the Nike swoosh is running shoes or the Big Mac is fast food. “The Rinckey brand means federal employment and military law. I want to be known as the go-to firm for …
Lessons From the Air Force’s Mortuary Scandal
By Mathew B. Tully Bringing to light wrongdoing in the federal government can be a thorny matter. The law is very specific about how and to whom federal employees must “blow the whistle” in order to be considered a bona …
Ask the Lawyer: Even Legal Separation Can Lead to Adultery Conviction
By Mathew B. Tully Question: Can I be punished for adultery if I am legally separated? Could I be charged with anything else? Answer: Yes, you can be convicted of adultery even though you were legally separated at the time. …
Ask the Lawyer: Disobey an Order at Your Own Peril
By Mathew B. Tully Question: My commander is a little nuts. He keeps ordering me to do this or that. Sometimes I’m not even sure the things he’s ordering me to do are lawful. What should I do? Answer: One trait common …
Desertion Conviction Could Lead to Five-Year Prison Term
By Mathew B. Tully Question: I’ve never told anyone I plan to desert the military. So if I don’t report for duty for awhile, would the military come after me for AWOL or desertion? Answer: The main difference between being …
Ask the Lawyer: Lying to Get Out of Trouble Gets You Into More Trouble
Q: How bad is it if I stretch the truth a little when questioned by military police or a commander? A: For many people, it is unnerving to be questioned by a law enforcement officer. Even an officer’s simple or …
Agencies Drag Feet in Providing Reasonable Accommodations for Fed Employees
Federal agencies are notorious for dragging their feet. Unfortunately, many disabled federal employees are all too familiar with agencies’ reluctance, especially when it comes to providing them with reasonable accommodations that would help them do their jobs. One physically disabled, …
Fed Employee Survey Could Show Tip of the Iceberg for Favoritism
An annual Office of Personnel Management (OPM) survey is indicating many federal employees hold negative views about the legitimacy of performance-based raises and merit-based promotions. These findings could be showing the tip of the iceberg when it comes to the …
Clock Ticks for Cash-Strapped Feds With Security Clearances
By Mathew B. Tully It’s hard to believe that it was four years ago this December that the nation entered what was to become the longest recession since the Great Depression. Although the National Bureau of Economic Research says that …
Locker Room Behavior – Pants Dropping, Sex Banter – Merits Demotion
The bar for excellence keeps getting higher for federal government supervisors. Perhaps that’s why, in 2011, 57 percent of federal employees surveyed by the Office of Personnel Management found that their organizations’ leaders maintained high levels of honesty and integrity, up …
Move Quickly to Ensure Vets’ Preference Honored for Fed Jobs
Q: I’m interested in entering federal civil service after I leave the military. I know veterans get federal hiring preference, but I know many veterans get passed over for jobs. How do I know when a federal agency has violated …
The Heavy Truth About Weight Discrimination
“Do I look fat in this?” How many times have we uttered or heard those words, not giving a second thought to the negative connotation that goes with them. These are the kinds of comments that influence children as young …
Federal Commissioned Officers Score Protections Against Discrimination
Federal commissioned officers, who seven years ago saw their protections against discrimination severely curbed, can now go on the offensive thanks to recent decision from the U.S. Merit Systems Protection Board (MSPB). Due to a loophole in federal law, federal …
Don’t Drop the Ball When Requesting FMLA Deployment-Related Leave
Federal employees have long had to juggle work, home and financial responsibilities, along with parting goodbye to loved ones, when family members were called to active duty in the armed forces. Soon, changes to the Family Medical Leave Act (FMLA) …
White House Takes On Diversity in Gov. as Hiring/Appt. Complaints Rise
Diversifying the federal workforce remains a work in progress. This point is evidenced by the Executive Order signed by President Barack Obama on August 18, 2011 (“EO 13583”). This EO is one of many passed by various presidents in recent …
Federal Employees Seeing Increase in Revoked Security Clearances
The Office of the Director of National Intelligence recently reported a 5 percent decline in the number of federal employees who held top secret clearance in the 2010 fiscal year as compared to the previous fiscal year. The cause for …
Air Force Reservist Wins Appeal on one of the Largest USERRA Lawsuits Ever
The 2nd U.S. Circuit Court of Appeals has decided in favor of an Air Force reservist in his case against Wachovia Securities LLC, providing a major victory to service members who leave well-paying commission jobs to serve their country in …
Fed Employees’ Removals Reversed Because of Termination Secrets
Federal agency managers had better start laying all their cards on the table when it comes to the information they use in their decisions to fire employees. As of February 2011, the U.S. Merit Systems Protection Board (MSPB) is no …
Former Army Special Forces SGT Wins Reinstatement With Postal Service
The U.S. Court of Appeals for the Federal Circuit recently held that the U.S. Postal Service incorrectly terminated a member of the National Guard under false assumptions in that he abandoned his position. This huge win for veterans and service …
Veterans Federal Employment Complaints Remain at Escalated Levels
Amid a dearth of job opportunities in the private sector, a shockingly high number of veterans last year continued to run into problems as they attempted to enter or reenter the federal civil service. Recently released statistics show that the …
What Right to Workplace Privacy do Federal Employees Have?
The nation’s largest employer, the federal government, is still pretty good at keeping secrets, even after the WikiLeaks scandal. The question is: To what extent does its employees and contractors have a right to workplace privacy? In the past six …
D.C. Circuit Clarifies Threshold for Retaliation in EEO Claims
A recent decision by the U.S. Court of Appeals for the D.C. Circuit has clarified and lowered the threshold of what defines “retaliation” in claims of discrimination. The Court of Appeals held that an agency’s actions can be considered retaliatory …
Circuit Court Grants Federal Employee Right to File Action Against Agencies for Claims Lost at Agency Level
In a major federal employee upset, the U.S. Court of Appeals for the D.C. Circuit recently changed the way federal employees and agencies may approach partial relief in future discrimination claims. The court held that in Equal Employment Opportunity complaints, …
EEOC Finds DoD Liable for Not Reassigning Disabled Employee as an Accommodation
In a recent decision, Bowers v. Robert M. Gates, Secretary, Department of Defense, EEOC Appeal No. 0720070012 (March 22, 2010), the U.S. Equal Employment Opportunity Commission affirmed an Administrative Judge’s (AJ) decision finding the Department of Defense (DoD) liable for …
Clearing Up Sexual Orientation Discrimination Confusion
In response to my last article, “Legal for Agencies to Discriminate Based on Sexual Orientation,” I received numerous comments questioning whether it is “really” legal for agencies to discriminate on the basis of sexual orientation under the current law. The …
Legal for Agencies to Discriminate Based on Sexual Orientation
Despite the Pentagon’s steps toward repealing the military’s controversial “don’t ask, don’t tell” policy regarding gay and lesbian service members, it remains, to the surprise of many, legal for agencies to discriminate against federal employees based on sexual orientation. This …
The Ever Evolving Definition of Sexual Harassment
The U.S. Court of Appeals for the Eleventh Circuit recently issued an en banc decision finding the U.S. District Court of for the Northern District of Alabama erred in granting summary judgment in a sexual harassment case where the harassment …
Federal Security Clearances: Fighting to Get & Keep One
The Federal Government is pretty good at keeping secrets. When it comes to national security, the Feds do their best to ensure that only trustworthy people have access to classified government information and operations. In order for federal employees and …
USERRA Rights: Veterans Entitled To More Than “Thank You”
One of the rights granted by the Uniformed Services Employment and Reemployment Right Act (USERRA) to veterans who leave their civilian jobs to serve in the military is the right to be reemployed upon the conclusion of military service. Unlike …
Federal Circuit Says HHS Denied Veteran Preference Rights
The U.S. Court of Appeals for the Federal Circuit, in Marshall v. HHS, Fed. Cir., No. 2009-3086, ruled that an applicant for a position at the Centers for Disease Control (CDC) who was passed over in violation of his veterans’ …
EEOC Holds that Employees Cannot Be Discriminated Against Due to Perceived Limitations of a Disability
In Reid v. Eric K. Shinseki, Secretary, Department of Veterans Affairs, EEOC Appeal No. 0720070077 (November 13, 2009), the U.S. Equal Employment Opportunity Commission (EEOC) reinforced the notion that federal agencies cannot discriminate against disabled employees based on subjective opinions …
Courts Open Window to Expand Employees’ Rights to Privacy in Electronic Communications
For years, the courts have been chipping away at employees’ privacy rights, particularly with regard to email and other electronic communications sent while the employee was on the clock or via the employer’s computer system. However, the courts are giving …
How to Manage Poor Performers
Managing employee performance is an important part of a supervisor’s role. A poor-performing employee can lower office morale and decrease overall productivity. Recently, two government leaders made recommendations regarding poor-performing federal employees. Both recommendations acknowledge that poor performance is an …
National Security and the Commissary Cashier
In Crumpler v. Department of Defense, DC-0752-09-0033-I-1 (11/2/09), the U.S. Merit Systems Protection Board (MSPB), reopened the case on its own motion to evaluate whether the Supreme Court’s decision in Department of the Navy v. Egan, 484 U.S. 518, 530-31 …
Discrepancies in the Federal Workplace According to EEOC
The U.S. Equal Employment Opportunity Commission (EEOC) has released its Annual Report on the Federal Work Force for Fiscal Year (FY) 2008. The Annual Report reveals that power and pay discrepancies still exist between men and women, whites and minorities, …
Discharge for “Excessive” Military Service Absences Violated USERRA
The Merit Systems Protection Board erred in rejecting an employee’s claim that the Postal Service violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) when it terminated him due to his “excessive” use of military leave, ruled …
The Billion Dollar Case for Federal Employees
Our article yesterday summarizing a new court decision on back pay for some federal employees who used military leave for military reserve duties (See “Back Pay for Some Military Reservists Going Back to 1980?”) drew a response from a number …
Put Affairs in Order Before You Deploy
So you’ve received the call to deploy. You have many tasks to complete before you leave— including a number of personal legal affairs. While you should have the opportunity to see a JAG officer as part of your pre-deployment readiness …
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Neil McPhie – Ask the Lawyer
By Neil A.G. McPhie Q: What do you do if you accuse an agency of racial discrimination and it responds with some bogus explanation? A: Agencies usually respond to allegations of discrimination made in Equal Employment Opportunity (EEO) complaints with …
Today’s Honoree is Mathew Tully
Mat founded his law firm in his kitchen in 2004. He has built it to be a multi-million dollar firm in 3 states. In March he left it all behind to serve his country. Mat is a Lt. Col. in …
Fired Reservist Sues Former Employer
A Marine Corps Reservist who just shipped out for boot camp is suing his former employer for allegedly firing him because he joined the military – but his ex-bosses at a Connecticut car dealership say it’s all a big misunderstanding. …
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Tully Rinckey PLLC “Goes Red for Women”
In an effort to raise awareness about heart disease in women, Tully Rinckey PLLC was proud to support National Wear Red Day on February 4, 2011. Employees were encouraged to wear red and donate to the American Heart Association, which …
A “Warm” Holiday Gift From Tully Rinckey PLLC
In the holiday spirit the firm donated 28 coats to homeless veterans living in a transitional shelter in Albany this morning. Photos are below of Albany County Executive Mike Breslin, Albany Housing Coalition’s Executive Director Joseph Sluszka, residents of the …
Tully Rinckey “Goes Purple”
In an effort to help Shine a Light on Domestic Violence, employees at Tully Rinckey PLLC are “going purple” for a good cause. The law firm held it’s first-ever “Go Purple” day, where employees were encouraged to wear purple and …
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Court Allows Veterans’ Suit for USERRA Violations to Proceed Despite General Motors’ Claim
A federal court has refused to dismiss an Army veteran’s lawsuit against his former employer, General Motors Company, under the Uniformed Services Employment and Reemployment Rights Act, rejecting GM’s claim that the vet had waived his right to sue. In …
Mark Roth – Former AFGE General Counsel Joins Tully Rinckey PLLC
Roth and Tully Rinckey PLLC to serve as powerful ally for all unions. The longest serving general counsel in the 80-year history of the nation’s largest federal employees union has joined Tully Rinckey PLLC to build the multi-state law firm’s …
Sexual Assault Lawsuit and Documentary Highlighting Secret Problem in the Military
Rape, sexual assault and sexual harassment are the subject of an eye opening lawsuit filed by eight female service members against the Department of Defense, Marine Corp and Navy. In the complaint, the female plaintiffs accuse fellow service members of …
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National Training Program – Federally Employed Women – July 16-20, 2012
Joanna S. Friedman, Esq. will be presenting on several topics regarding EEO Rights for the Federally Employed Women’s 2012 National Training Program in Detroit, MI. Joanna will provide training on topics ranging from EEO Complaints to Employee Relations and Security …
Issues in Federal Labor Relations – May 9, 2012
Presenter: Mark D. Roth, Esq. Date: Wednesday, May 9, 2012 Time: 10:15am to 12:00pm Location: Brookings Institution Tully Rinckey PLLC’s Senior Counsel and Union Development Specialist Mark D. Roth will be speaking at the Brookings Institution. This presentation will be …
Veterans’ Employment Issues – Pennsylvania Bar – April 20, 2012
Greg T. Rinckey will be presenting a CLE at the Employment Law Institute held by the Pennsylvania Bar Institute on April 20, 2012 in Philadelphia, PA. Greg’s presentation will cover USERRA rights and give an overview to employment attorneys about …
