I read that most lawyers are reluctant to take cases involving lawsuits against the government. Ive been searching and searching and most disability discrimination lawyers are only for employment related discrimination. Mines is not employee relat...
If you are looking for an attorney to assist in your VA Disability Claim, there is a list of Accredited VA Attorneys on the website for a group known as the National Organization of Veterans Advocates (NOVA). Google it and you should find the URL.
If you are looking for someone to assist on a VA Employment claim (your reference to "reasonable adjustments" sounds like an employment matter), look for an attorney that represents Federal Employees.
Good luck to you.See question
I have been told repeatedly that I make too much money, even though I'm retired.
So your question isn't clear what kind of assistance you are seeking from the VA, or what era Veteran you are - the benefits and assistance available could be quite different depending on whether you are a peacetime or combat Veteran, what war/era you served in, and what you did in the Army.
If you need VA healthcare, the best starting point is to walk in to a VHA office or VA Medical Center with your DD-214. The VA (at least the Dallas VAMC) is actually quite good at getting you enrolled and in the proper priority group pretty quickly.
If you are looking for help with service-connected disability benefits, and have never applied before, being a Texas Vet the BEST place to start is the Texas Veterans Commission. They are the only VSO that I refer Veterans to in the State of Texas, and I have found them to do a good job opening new/original claims. (They can also help you with applying for health benefits, and may be able to confirm that the VA has you in the proper Priority Group).
If you are looking for help appealing a denial of Veterans disability compensation and/or pension, I encourage you to contact an accredited VA attorney to review your case/claim/appeal. The best attorneys in Veterans Benefits are those that are active members in a group known as the National Organization of Veterans Advocates (NOVA).
Talk to several attorneys before you make your decision; my firm's blog I have a post that talks about the 8 Things A Veteran Should know before Hiring an Attorney.
Hope that helps. From one Veteran to another, thank you for your service to our Nation!See question
They have had plenty of time (over 20 months) to complete my claim. I have 5 VA doctors supporting my claim and 11 VA social workers that also have documented my injuries.
While you cannot "sue" the VA for delaying on a decision in your claim, there are other options in expediting your VA claim that attorneys that routinely practice in this area can talk to you about:
1) There are procedures to expedite a decision due to financial hardship, deterioration of physical health, age, proximity to death, etc. (Use VA Form 21-4138 and VA Form 5655 to make this request). Depending on the nature of your claim - particularly if it is one for a need-based pension or benefit - you may want to discuss the impact of these forms on your claim with an attorney.
3) Some veterans have filed an Application for Writ of Mandamus in the Court of Appeals for Veterans Claims, although the legal grounds for this can be very complex and I would strongly recommend seeking assistance of legal counsel
I recommend that you talk to an attorney about your situation. Attorneys that assist Veterans in handling their VA claims are required, by Federal Law, to be accredited by the VA.
Veterans are often the victims of well-meaning guidance from folks that don't know the Veterans Disability Claims process, or that have not been accredited by the VA to do this kind of work.
Always be sure to verify that an attorney advising a Veteran or a Veteran's surviving spouse on their VA claims is accredited by the VA.
Here is the link to check out whether a particular attorney has been accredited by the VA: http://www.va.gov/ogc/apps/accreditation/See question
i was on disability leave from my job. i was released back to work with restrictions (sedentary), my employer said that they did not have a position that meets my restrictsion. i was terminated shortly after. i have filed with eeo. i have also f...
In all honesty, it is going to be hard to find an attorney that represents Federal employees on a pure contingency basis. The recoveries in cases such as these are not typically large enough to compensate an attorney or a Firm for the amount of time and money that will be spent on a case.
You should expect to pay some fee for an attorney in an MSPB case or a Federal Employee EEO case. You should also discuss with those attorneys a payment plan or fee structure
My Firm, for example, offers a variety of fee structures and payment plans for Federal employees or retirees. There are several quality firms and lawyers in the DFW Metroplex that handle these types of cases, and you may need to talk to one or more to find one you are comfortable with.See question
I was the only person eligible for a federal job out of all the applicants. I heard the job may be rebid again. What rights do I have if this happens and if yet again after two times if I am still the only one eligible, do I have to be hired?
The general rule, and I stress general, is that management in a Federal government agency has the right to cancel a vacancy announcement at any point in the process.
This of course depends greatly on what the hiring authority is, whether the application is internal or external, where it is a special schedule type selection process, etc., etc.
Now, there have been many situations where a vacancy announcement will be cancelled to keep from giving a veteran an employment preference, or to keep from hiring certain otherwise qualified individuals who are members of certain protected groups (disabled workers, workers of a certain age, workers of a certain gender or race, to name just a few).
If you feel that is what happened, then you should consult with an attorney that has handled complaints or appeals involving Federal employees, as the rules, regulations, policies and procedures of ranking and selecting a candidate for a civil service position can be quite nuanced, as can the EEO complaint process and the process for challenging a denial of a veterans' preference.See question
I was terminated without being given any notice the employee handbook says all employeess are to be given 30 days notice before being terminated. It also say if the employee is having deficiencies as I was (Quality of my work) they are to be put ...
You should visit the Union Steward for your unit, and ask this question. The Union contract (also known as a Collective Bargaining Agreement) will (or should) clearly state whether probationary employees are covered, or when new employees are eligible for membership in and the protections of, a Union.
As for the protections of 5 USC, Chapter 3, probationary employees are generally not entitled to its protections. What a probationary employee is, and how long your probationary period is, are questions that are best directed to an attorney with experience at the MSPB. This is a confusing and complex area.See question
I am working with people in their early 20's and I am 58. I have been overlooked for training classes. The younger employees are getting more training and mentoring. I do have documentation. We just hired two new people both in their early 20'...
Federal employees have a different administrative remedy process in EEO matters than do private sector employees. You can read about it at www.eeoc.gov, or at 29 CFR 1614, or contact an attorney that has experience representing Federal employees.
Generally, however, if you believe that the Agency has taken an employment action because of your age, you must:
1) contact an EEO Counselor (within your Agency - NOT at the EEOC regional office) within 45 days of the last event and file an informal request for EEO Counseling.
2) If there is no resolution at this informal stage within 30 days, you will be given notice of your Right to File a Formal Complaint of discrimination
3) Assuming you timely file your Formal Complaint, and assuming that the Agency accepts the claim for investigation, the Federal Agency has approximately 180 days to complete an investigation
4) Upon completion of the investigation or upon passage of 180 days from the date of the formal complaint, you can either request a Final Agency Decision (written decision by the Agency) or an Administrative Hearing before an EEOC Administrative Judge
5) Throughout this process, you do have the opportunity to file suit in Federal District Court, but you should definitely talk to an attorney familiar with Federal Employee discrimination claims before exercising this option
There are plenty of attorneys that represent Federal employees, you just have to do some research, because it is a niche practice area. Federal Soup is an online discussion board where you will be able to network and get some names.See question
My government employer is forcing all 8,000+ federal employees to get a government passport to travel overseas for an extended length of time for repairs to a vessel. I don't want to go, am close to retirement, never did want to go on travel for ...
In addition to the online database of decisions, there are a few more options available:
1) Your region's MSPB Office quite likely has a library with the MSPB Reporter available in it. I recommend calling ahead to see if their library is open to the public.
2) Visit a local law school library and ask the librarian to help you find the MSPB Reporter.
3) Westlaw has an electronic database of MSPB Initial Decisions. These decision are non-precedential, but often provide good insight into the law that AJ's use in deciding cases. Westlaw is a paid access site, and is quite expensive, but is available for free or small fees at some law schools and/or public libraries.
4) Peter Broida wrote a great book that is considered the "bible" for MSPB Appeals and case law. It's expensive to buy new, but you can get the ISBN at Dewey Publications online and request it at your library
5) Dewey Publications has a number of good research publications available.
6) Lastly, you could consult with an MSPB attorney that has experience in these types of claims.
Best of luck in your situation.See question
I currently work as a web developer for a web design company. At the beginning of my employment, I was presented with an "employee handbook" including a non-competition agreement, but I never signed anything nor expressed acceptance of those terms...
Non-compete agreements in Texas are fact-intensive.
The courts will - very generally speaking - look to three factors to determine whether a non-compete is enforceable. They will look to the 1) geographical extent of the non-compete arrangement, 2) the duration of the non-compete arrangement and 3) the scope (or types of work) that are restricted by the non-compete agreement.
There are also significant issues in Texas law as to when the agreement was entered, what was the consideration that you received for that non-compete agreement, etc.
It might well be worth an investment of your time and money to contact a couple of law firms that deal with non-compete agreements and pay for a legal opinion interpreting this scenario. Such an opinion would help you understand what you can do if you feel the agreement is unfair, or what they employer might do to you if they feel that you have violated the agreement.See question
I worked for this Company 4.5 Years. and devloped Chronic Lymphocytic Leukemia. This company is self insured. last week with no notice and procedures scheduled for this week, I was Terminated. is this legal?
Why did they tell you they were firing you?
In Texas, if you are an at-will employee, the general rule is that you can be terminated for any reason or no reason, just not the wrong reason.
If you believe that your medical condition is connected to the employer's decision to terminate you, then it might be worth your time to consult with employment discrimination attorneys in your geographical area. The Americans With Disabilities Act (recently amended) provides protection for disabled employees in the workplace. Under that Act - very generally - an employer has a duty to provide a reasonable accommodation to an employee who is disabled, and an employer may not treat you differently (i.e., worse than non-disabled employees) because of your disability.
I have no idea whether or not you have such a claim from the facts that you have provided, but I still think it would be wise to consult with local attorneys experienced in such matters.See question