Law Offices of Lynette A. Whitfield, LLC

tag:blogger.com,1999:blog-53577856239991847522012-01-26T19:41:58.332-05:00Law Offices of Lynette A. Whitfield, LLCA Rockville, Maryland law firm committed to providing professional legal assistance with issues pertaining to employment and family law.Law Offices of Lynette A. Whitfield, LLChttp://www.blogger.com/profile/04167983367239278266noreply@blogger.comBlogger141100tag:blogger.com,1999:blog-5357785623999184752.post-90298395381125527272012-01-26T19:25:00.016-05:002012-01-26T19:41:58.451-05:00MSPB Affirms Administrative Judge's Determination that Agency Failed to Prove Appellant's Performance Was Unacceptable

In a recent decision, Muff v. Dept. of Commerce, MSPB Docket No. DC-0432-11-0095-I-1, the Merit Systems Protection Board (MSPB) found that the agency failed to prove by substantial evidence that the appellant’s performance was unacceptable. The appellant was a GS-4 field representative for the Department of Commerce who was removed under 5 USC § 4303 (Chapter 43) for failure to perform in a

Law Offices of Lynette A. Whitfield, LLChttp://www.blogger.com/profile/04167983367239278266noreply@blogger.com0tag:blogger.com,1999:blog-5357785623999184752.post-82064533057440327722011-07-26T12:30:00.015-04:002011-08-07T20:52:21.427-04:00EEOC Finds OPM Not Required to Reasonably Accommodate Applicant After Vacancy Announcement Closing Date

In Toland v. Office of Personnel Management, Appeal No. 0120081214 (June 9, 2011), the U.S. Equal Employment Opportunity Commission, Office of Federal Operations, held that an Agency is not required to reasonably accommodate an applicant when the applicant requests a reasonable accommodation after the vacancy announcement closing date.The Appellant was an applicant for an administrative law judge

Law Offices of Lynette A. Whitfield, LLChttp://www.blogger.com/profile/04167983367239278266noreply@blogger.com0tag:blogger.com,1999:blog-5357785623999184752.post-62818194032658011402011-07-21T10:16:00.023-04:002011-07-21T11:25:21.403-04:00MSPB Modifies Legal Standard Governing Involuntary Disability Retirement

In Vaughn v. Dept. of Agriculture, 2011 MSPB 61 (June 13, 2011), the U.S. Merit Systems Protection Board modified the standard governing involuntary disability retirement. Danny Vaughn originally filed an appeal alleging that the Agency had discriminated against him on the basis of disability and in retaliation for prior EEO activity, creating a hostile work environment that resulted in the

Law Offices of Lynette A. Whitfield, LLChttp://www.blogger.com/profile/04167983367239278266noreply@blogger.com0tag:blogger.com,1999:blog-5357785623999184752.post-5283851078605314012011-07-10T16:54:00.023-04:002011-07-10T18:07:28.835-04:00MSPB Reverses Removal of Federal Employee for off-duty criminal misconduct

On June 17, 2011, the U.S. Merit Systems Protection Board (MSPB) issued a decision reversing the removal of Kevin Gray for off-duty criminal misconduct, finding that the Agency violated Mr. Gray's constitutional right to due process of law. Gray v. U.S. Dept. of Defense, 2011 MSPB 64.Mr. Gray, an Internal Review Auditor with the Defense Finance and Accounting Service, was indicted and later

Law Offices of Lynette A. Whitfield, LLChttp://www.blogger.com/profile/04167983367239278266noreply@blogger.com2tag:blogger.com,1999:blog-5357785623999184752.post-26993662812987702392011-07-10T15:41:00.007-04:002011-07-10T16:02:12.699-04:00EEOC Releases Annual Report on the Federal Work Force

The U.S. Equal Employment Opportunity Commission (EEOC) has released Part 1 of its Annual Report on the Federal Work Force. One interesting statistic contained in this report is the top 3 bases in complaint allegations. According to this report, in the 17,583 complaints filed in FY 2010, the top alleged basis was reprisal/retaliation.Current Federal sector employees and those seeking employment

Law Offices of Lynette A. Whitfield, LLChttp://www.blogger.com/profile/04167983367239278266noreply@blogger.com0tag:blogger.com,1999:blog-5357785623999184752.post-86588857672268279212011-07-06T11:55:00.007-04:002011-07-06T12:11:03.490-04:00No Fear: A Whistleblower's Triumph Over Corruption and Retaliation at the EPA

I don't usually recommend books to my clients but for this I will make an exception. Written by Dr. Marsha Coleman-Adebayo, the founder of the No FEAR coalition. Under Dr. Coleman-Adebayo's leadership, the No Fear Coalition organized a grass-roots campaign that resulted in the passage of the Notification of Federal Employees Anti-discrimination and Retaliation Act of 2002 (No FEAR Act) - the

Law Offices of Lynette A. Whitfield, LLChttp://www.blogger.com/profile/04167983367239278266noreply@blogger.com0tag:blogger.com,1999:blog-5357785623999184752.post-77320891437196817672008-09-10T09:34:00.009-04:002008-09-10T10:05:10.605-04:00EEOC Issues New Q&A Aimed At Increasing Federal Employment Opportunities for People With Disabilities

On August 28, 2008, the EEOC issued a new question and answer document aimed at increasing the federal employment opportunities for people with disabilities. This new publication answers frequently asked questions about what the law both allows and requires federal agencies to do with respect to the hiring and employment of individuals with disabilities.As per Section 501 of the Rehabilitation

Law Offices of Lynette A. Whitfield, LLChttp://www.blogger.com/profile/04167983367239278266noreply@blogger.com0tag:blogger.com,1999:blog-5357785623999184752.post-50766025858212397692008-04-30T10:49:00.006-04:002008-04-30T10:55:22.550-04:00MSPB Reverses Removal of Federal Employee

In September 2006, the Department of Homeland Security proposed Gilberto M. Rodriguez’s removal from his position as a senior criminal investigator for Immigration and Customs Enforcement on the charge that Mr. Rodriguez had falsified official government documents and made false statements. After a hearing at the Merit Systems Protection Board, the Administrative Judge sustained the Agency’s

Law Offices of Lynette A. Whitfield, LLChttp://www.blogger.com/profile/04167983367239278266noreply@blogger.com0tag:blogger.com,1999:blog-5357785623999184752.post-2984678712461286422008-01-31T09:10:00.000-05:002008-01-31T09:33:54.091-05:00EEOC Issues Report on Federal Employment of Individuals With Targeted (Severe) Disabilities

The federal government is supposed to be a “model employer” when it comes to employment practices, including the hiring of individuals with disabilities. However, the federal government has not lived up to that standard as the number of federal employees with targeted or severe disabilities has been steadily declining. In 2006, the number of federal employees with targeted disabilities was at

Law Offices of Lynette A. Whitfield, LLChttp://www.blogger.com/profile/04167983367239278266noreply@blogger.com0tag:blogger.com,1999:blog-5357785623999184752.post-9236425634060705682007-11-11T11:45:00.000-05:002007-11-11T12:24:38.050-05:00Federal Workers Compensation

Last week I was in Chicago for the 2nd Annual Workers Compensation in the Federal Workplace conference. Attending conferences like this one is just one way in which I keep up with new developments in the areas that I practice. Because many people may not understand the distinction between state and federal workers compensation programs, the following is a very brief overview.Under the Maryland

Law Offices of Lynette A. Whitfield, LLChttp://www.blogger.com/profile/04167983367239278266noreply@blogger.com0tag:blogger.com,1999:blog-5357785623999184752.post-3838841201848575052007-10-30T23:50:00.000-04:002007-10-31T09:26:56.680-04:00Caregiving Responsibilities & Employment

Imagine going for a job interview and being told that you are not going to be hired because you are a mother and the employer would not want to take you away from your caregiving responsibilities in the home. Imagine being a father who asks to work part-time to enable you to care for your children, and being told by your boss that childcare is not a man's responsibility. While discrimination

Law Offices of Lynette A. Whitfield, LLChttp://www.blogger.com/profile/04167983367239278266noreply@blogger.com0tag:blogger.com,1999:blog-5357785623999184752.post-36866238297774792092007-10-23T13:32:00.000-04:002007-10-23T15:03:33.907-04:00All About Timing – Federal Sector EEO Complaint Processing

When it comes to filing an EEO complaint, for federal employees it is all about timing. In the federal sector EEO process, there are deadlines for both the employee, as well as the Agency. The following is a brief overview of the federal sector EEO process. Please remember that the process for private sector employees is very different than that of the federal sector employee.Federal employees

Law Offices of Lynette A. Whitfield, LLChttp://www.blogger.com/profile/04167983367239278266noreply@blogger.com0tag:blogger.com,1999:blog-5357785623999184752.post-18482888122681125632007-10-20T18:50:00.000-04:002007-10-23T15:04:10.993-04:00MSPB Waives Deadline for Mentally Incompetent Employee’s Disability Retirement Application

In a recent decision, Creasy v. Office of Personnel Management, MSPB Docket No. DC-831-07-0074-I-1 (September 21, 2007), the Merit Systems Protection Board (MSPB) found that Mr. Creasy was mentally incompetent and therefore waived the deadline for filing and remanded the case to the Office of Personnel Management (OPM).Mr. Creasy was a Crane Operator Supervisor with the Department of the Navy

Law Offices of Lynette A. Whitfield, LLChttp://www.blogger.com/profile/04167983367239278266noreply@blogger.com0tag:blogger.com,1999:blog-5357785623999184752.post-20945370402924278832007-08-07T21:26:00.000-04:002007-08-07T21:49:57.810-04:00Welcome to my blog!

Welcome to my blog! I plan to use this space to provide useful and interesting information pertaining to my practice areas. My practice located in Rockville, Maryland, and as a result I will post many articles that are specific to Maryland. However, in addition to my local practice, I also represent federal employees nationwide. I will therefore also provide information that is of interest to

Law Offices of Lynette A. Whitfield, LLChttp://www.blogger.com/profile/04167983367239278266noreply@blogger.com1