Kristin Alden’s Answers

Kristin Alden

Washington Employment / Labor Attorney.

Contributor Level 7
  1. Can a federal employee get emotional distress damages in eel retaliation claim?

    Answered over 1 year ago.

    1. Kristin Alden
    2. Peter Anthony Jabaly
    3. Marilynn Mika Spencer
    3 lawyer answers

    Typically, a federal employee who has been the victim of reprisal can recover damages for harm such as emotional pain and suffering, loss to reputation, exacerbation of medical condition, etc.. The employee must prove that the agency's retaliatory actions caused the harm. The judge will value the harm depending on its severity and duration. If a federal employee seeks to initiate a discrimination complaint, usually you have to contact your EEO office within 45 days of the discriminatory/...

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  2. Can unsubstantiated records be kept in an employees personnel file, such as EEO mediation not completed.

    Answered 9 days ago.

    1. Kristin Alden
    2. Arthur Albert Navarette
    2 lawyer answers

    Probably not. It sounds like you work for the federal government. Assuming you work for the federal government, you are allowed to review your Official Personnel File (OPF) and make sure that it is accurate. If you find that your OPF has incorrect/erroneous information or that it contains the wrong kind of information (e.g., EEO counseling info), you can talk with your HR office about getting the incorrect/wrong information removed. OPM instructs that HR offices are to allow employees to...

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  3. Employer's responsibility to employee's property that is lost, stolen or vandalized under VA state law

    Answered about 6 years ago.

    1. Kristin Alden
    1 lawyer answer

    Your question raises several options and more information would be helpful. Investigations could be conducted by the Office of the Inspector General, the Ombudsman, and/or the FPS -Federal Protective Services. If you're with the Army, it could also be an AR 15-6 investigation. If property was given to the employee because of a medical and if the employee needs the equipment as an accommodation or because of the medical condition, there may be issues under the Rehabilitation Act (the...

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  4. In a proposed termination from federal employment, what are the typical hearing rules and procedures? Witnesses? Cross?

    Answered 3 days ago.

    1. Kristin Alden
    2. Rixon Charles Rafter III
    2 lawyer answers

    There are rules that apply to most civil service employees who passed their probationary period (competitive service - typically 1 year) or trial period (excepted service - typically 2 years). Under the rules, the employee is entitled to a notice of their alleged misconduct and the evidence the agency relies upon in proposing the removal, an opportunity to respond in writing and/or orally (i.e., the hearing), and the opportunity to consult with a lawyer. If you ask for the evidence, the...

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  5. I believe I am the victim of discrimination at my work place, should I consult with a civil rights atty or labor?

    Answered 7 months ago.

    1. Kristin Alden
    2. Peter Anthony Jabaly
    3. Matthew T Famiglietti
    3 lawyer answers

    Your best bet is to find an "employment discrimination" lawyer. "Labor" usually means things relating to unions; "civil rights" involves a lot of things including discrimination and might not always involve employment.

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  6. Can I be "removed from my govt position" if I have docs that I've a medical/mental illness?FMLA Reasonable accom. requested late

    Answered over 1 year ago.

    1. Kristin Alden
    2. Marilynn Mika Spencer
    2 lawyer answers

    Your questions raises many issues, such as whether a reasonable accommodation might make it possible for you to continue working and whether the agency had an obligation to evaluate you for accommodations. Also, a removal from federal service might help with your social security disability application, if the separation is phrased correctly. This is something that can sometimes be negotiated with the agency. Consider applying for FERS/CSRS disability and evaluate whether you are a candidate...

    2 lawyers agreed with this answer

  7. How does one remedy when a federal employee's constitutional due process rights are violated?

    Answered over 1 year ago.

    1. Peter Anthony Jabaly
    2. Kristin Alden
    3. Anthony Michael Solis
    4. Brett Elliot Blumstein
    4 lawyer answers

    I am interpreting "due process" as referring to a federal employee's right to pre- and post- adverse action appeal rights. If your question is talking about something else, then please feel free to revise it. "Employees" who work for a federal executive agency are entitled to "due process" before the agency can subjected the employee to an adverse personnel action, such as a removal, a suspension of more than 15 days, a demotion, and other actions. "Due process" involves pre-action...

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  8. Unjust adverse action in the workplace

    Answered over 1 year ago.

    1. Peter Anthony Jabaly
    2. Kristin Alden
    3. Arinderjit Dhali
    3 lawyer answers

    I agree with my colleague that you should speak with a lawyer who is licensed in Washington DC. You might have claims under Title VII, the ADA and the DC Human Rights Act (which prohibits discrimination on the basis of sexual orientation). Depending on the nature of your disclosures to the ethics department, there may also be whistleblowing issues (workers comp, ethics) and if the company is a federal contractor, even more statutes may be triggered. This is a complex field and you will do...

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  9. If I sign a tentative offer letter of employment (contingent on security clearance) is it binding?

    Answered about 1 year ago.

    1. Kristin Alden
    1 lawyer answer

    Contingent offers of employment are not generally binding. Also, if the offer is contingent on your getting a security clearance, if you don't get the security clearance, the DC government can revoke the offer. If you resign from your current to accept the contingent offer, and if the offer does not ultimately come through, your current job does not have to take you back. Good luck.

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  10. What are the requirements for a government secret clearance?

    Answered over 1 year ago.

    1. Kristin Alden
    2. Lawrence J. Sherman
    3. Rixon Charles Rafter III
    4. Sean Patrick Lewis
    4 lawyer answers

    There are many factors at play in the granting of a security clearance - any one factor could push the decision one way or the other, but typically the decision is made based on a balance of many factors, including the severity of the conduct; the individual's judgment, reliability and trustworthiness; the individual's contrition; how long ago the conduct happened; and more. For every condition that may raise a security clearance concern, there are additional conditions that could mitigate...

    1 lawyer agreed with this answer

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