How Hard Is It For Federal Employees To Prove Wrongful Termination

Bonisiwe Shabane

-Oct 31, 2025, 4:08 AM

how hard is it for federal employees to prove wrongful termination

Call Now for a Free Consultation 888-351-0424 Call Now for a Free Consultation 888-351-0424 On Behalf of The Devadoss Law Firm, P.L.L.C. | Apr 12, 2024 | Wrongful Termination Some federal employees are political appointees, subject to the political whims of those who appointed them. However, most federal employees do not work at the political whims of others.

They work for the United States public, and the law says that agencies must evaluate and treat these workers according to their merits. As the Office of Personnel Management (OPM) notes, the government’s merit-based principles aim to create a competent and productive workforce that serves the public interest. This means rewarding workers who do well, but it also means offering agencies the means to correct poor performance. Agencies can, and should, discipline under-performing employees, and they may sometimes remove them. Our information is written for federal employees and reviewed by attorneys highly-experienced in federal employment law. We follow strict internal standards to ensure everything we publish is reliable, transparent, and up to date.

What is considered wrongful termination for a federal employee? Wrongful termination occurs when a federal employee is fired in violation of federal law, civil service regulations, or due process protections. Common grounds include discrimination, retaliation, or failure to follow proper termination procedures. Federal employees can challenge wrongful terminations through the Merit Systems Protection Board (MSPB) or by filing an EEOC complaint, depending on the nature of the claim. In the federal government, you cannot be fired because of your age, color, disability, national origin, pregnancy, race or religion. In addition, it is unlawful to fire a federal employee in retaliation due complaints about an unlwaful action.

As a federal employee, you have strong job protections. But even with these safeguards, wrongful termination can still happen. Whether through unfair dismissal, discrimination, or retaliation for whistleblowing, navigating the complexities of federal employment law can be perplexing. So what happens if you’re suddenly terminated without just cause? Federal employees are entitled to several job-related protections. This includes not only many of the same protections afforded to employees in the private sector but also many protections that are unique to the federal workforce.

But, despite these protections, federal employees can still face wrongful termination. Federal employers can – and do – fire employees for improper reasons and without following the requisite procedures. In these situations, it is up to federal employees to stand up for their rights by taking appropriate legal action. When can you file a claim for wrongful termination as a federal employee? Here is an overview of the five main types of wrongful termination in the federal employment sector: Federal employers are prohibited from terminating employees on discriminatory grounds.

A federal employee’s termination is considered discriminatory if it is based on a personal characteristic that is protected under federal law. These personal characteristics include: Proving a discriminatory termination requires evidence that you were singled out or selected for termination based on your membership in a protected class—simply being a member of a protected class is not enough. Depending on the circumstances at hand, our attorneys may be able to use various forms of evidence to prove that the decision to end your federal employment was made on a discriminatory basis. Explore the challenges involved in proving wrongful termination. Understand the legal intricacies and practical obstacles to establishing your claim.

Proving wrongful termination presents significant challenges. Understanding the legal definitions, evidentiary requirements, and inherent obstacles clarifies why these cases are often complex. This article explores the factors contributing to the demanding nature of establishing a wrongful termination claim. Wrongful termination is not merely an unfair dismissal; it violates a specific legal right or contractual agreement. An employer’s decision to end employment becomes wrongful if it breaches federal or state anti-discrimination laws, retaliates against an employee for protected activities, or violates an employment contract. For instance, termination based on race, gender, age, disability, or religion constitutes unlawful discrimination.

Similarly, an employer cannot legally terminate an employee for whistleblowing, reporting illegal activities, or exercising a statutory right (e.g., filing a workers’ compensation claim or serving on a jury). If an employment contract, written or implied, outlines specific termination conditions, a breach can be wrongful. These categories define unlawful termination, distinguishing it from general dissatisfaction. In civil cases, including wrongful termination, the employee bears the “burden of proof,” meaning they must convince the court their claim is more likely true than not. This standard, “preponderance of the evidence,” requires demonstrating over 50% likelihood of wrongful termination. The employee, as plaintiff, must establish three elements: an adverse employment action (e.g., termination); a protected characteristic or activity; and a causal connection between the protected status/activity and termination.

Focused On Employment, Whistleblower And Business Law Dec 3, 2024 | Business Law, Defense Contractor Fraud, Employment Law, Whistleblowers <img fetchpriority="high" decoding="async" class="alignright size-medium wp-image-53498" src="https://www.hoyerlawgroup.com/wp-content/uploads/2024/12/An_illustration_of_a_federal_employee_being_dismis_wordless-300x300.jpg" alt="" width="300" height="300" />As a federal employee, you enjoy strong job protections, but wrongful termination can still happen. This guide helps you understand what wrongful termination means for federal workers and explains what actions you can take if you’re fired unlawfully. If your employer suddenly terminates you without a valid reason, you need to understand your rights and the steps you can take. Federal employment law can be complex, but knowing the basics helps you navigate it.

Employers wrongfully terminate a federal employee when they fire them for illegal reasons. Unlike in the private sector, where most employees are “at-will,” federal employers can only terminate employees for “just cause.” They must provide a legitimate, non-discriminatory reason and follow proper procedures. Common reasons employers wrongfully terminate federal employees include: Losing your job is a difficult and often devastating experience. For federal employees who have been wrongfully terminated, the pain and repercussions go far beyond financial strain. As experienced employment lawyers, we understand the significant impact of wrongful termination on an individual's life and are here to offer guidance and support through this challenging time.

Federal employees face significant consequences if they are wrongly dismissed, including: In this blog post, we will discuss what constitutes wrongful termination for federal employees, the legal protections available to them, and steps to fight against unjust dismissals in the federal government sector. Numerous laws protect federal employees against wrongful termination. An essential protection comes from the Civil Service Reform Act of 1978, which outlines Prohibited Personnel Practices (PPPs). Among these prohibited practices, it's unlawful to terminate an employee based on discrimination, political activity, or retaliation, including whistleblower retaliation. If you believe you have been wrongly dismissed in violation of the Prohibited Personnel Practices (PPPs) outlined by the Civil Service Reform Act of 1978, you have the right to file a complaint with...

The OSC is an independent federal investigative and prosecutorial agency. It is responsible for safeguarding the merit system principles and ensuring federal employees aren't subjected to prohibited personnel practices, including unlawful termination. No matter what your job is, you may encounter discrimination in the workplace during your career. There are several laws the Equal Employment Opportunity Commission (EEOC) enforces that protect federal employees from discrimination. But what is the federal EEOC complaint process? If you find yourself the victim of discrimination in the federal workplace, it’s important to understand your rights and how to enforce them with an EEOC complaint.

For immediate assistance, please don’t hesitate to send a message or call us at (833) 833-3529 today. Complaints alleging prohibited personnel practices should be directed to the Office of Special Counsel (OSC). OSC receives, investigates, and prosecutes allegations of prohibited personnel practices. Information can be found at https://osc.gov/. Here is a breakdown of the 6-Step Federal EEOC Complaint Process. The chances of winning an EEOC complaint depend on several factors and can vary widely.

On average, about 16% to 20% of complaints result in favorable outcomes for the complainant. These outcomes may include settlements, voluntary withdrawals with benefits, or successful claim resolutions. However, when a complaint proceeds to litigation, the likelihood of success in court is typically lower. The 6 Steps in the EEOC Complaints Process 1. Contact Your EEO Counselor Each agency has an equal employment opportunity counselor. Before filing a formal complaint with the EEOC, the first step of the federal EEO complaint process is to contact your agency’s EEO counselor within 45 days of the discrimination.

Note that some agencies will use different terms for this office, such as the Office of Resolution Management (ORM) at the Department of Veterans Affairs. The EEO counselor will provide information about how a federal EEO complaint works. At this step, your counselor will provide details about the EEO process, including approximate timelines and your appeal rights. They will usually ask for information about your claims and bases too. Where applicable, you may also have the option to go through alternative dispute resolution (ADR). This step is also when you must choose whether to file your complaint through the EEO, negotiated grievance, or the Merit Systems Protection Board (MSPB) processes, if applicable.

Not all cases have this choice, but when you do, federal employees may choose only one of these two paths and the option first chosen is generally considered to be your election. If you’re unsure where you should file your federal EEOC complaint, consider consulting a federal EEOC lawyer. Understanding Which Laws the EEOC Enforces The EEOC enforces four federal anti-discrimination laws: Together, these laws protect against discrimination based on a number of characteristics, including race, color, sex and sexual orientation, religion or... Additionally, the EEOC works to protect employees from retaliation by their superiors or agency. 2. Filing a Formal Complaint If you can’t resolve the issue through counseling or ADR, your counselor will provide you with a written Notice of Right to File Formal Complaint, and provide a final Interview.

This notice gives you the right to file a formal complaint with your Agency’s EEO office within 15 days. Read the Notice carefully for instructions on where to send your complaint. Generally you can file your Formal EEO complaint by mail or email. Each complaint must be properly drafted to include at least: After you submit your complaint, will review it to decide whether to conduct an investigation. 3. Your Agency Conducts an Investigation If your Agency accepts your claims, your agency will have to conduct an investigation into the alleged discrimination.

How Hard Is It For Federal Employees To Prove Wrongful Termination

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