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

    Answered almost 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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  3. I believe I am the victim of discrimination at my work place, should I consult with a civil rights atty or labor?

    Answered 4 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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  4. 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 about 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

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

    Answered about 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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  6. 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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  7. If I sign a tentative offer letter of employment (contingent on security clearance) is it binding?

    Answered 11 months 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.

    1 lawyer agreed with this answer

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

    Answered about 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

  9. What legal recourse is there if a federal employee's supervisor presents false information to start a security investigation?

    Answered about 1 year ago.

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

    This is a complicated issue because there is very little review of a security clearance determination. With a few exceptions, the courts may not review it, nor may any federal agency (e.g., MSPB, EEOC), other than the security office (or DOHA ). You mention retaliation, but the type of retaliation at issue will control the answer. EEO reprisal allegations must be filed in a different way, and with different deadlines, than a whistle blowing retaliation claim. Because these issues are very...

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  10. My employer in my department (IT) keeps promoting and hiring men with less/no education than me. Do I have strong EEO case?

    Answered over 1 year ago.

    1. Herbert J Tan
    2. Kristin Alden
    3. Justin G. Randolph
    4. Christine C McCall
    4 lawyer answers

    You might have several claims, including sex discrimination and disability discrimination. If you have been performing at a higher level without being paid, there might be additional claims. When an EEOC judge is assigned, you should receive an Acknowledgment & Order. This lets you initiate "discovery" -- a process by which you can get documents and evidence. If possible, you should be sure to do discovery. After discovery, your agency will probably ask the Administrative Judge to dismiss...

    1 lawyer agreed with this answer

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