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Notable Cases

FBI Employee Wins Job Back

The FBI fired ALG’s client, a Special Agent, alleging that the Special Agent failed to report to the FBI certain medical information and then lied about it during a later investigation. ALG represented the employee before the FBI’s internal Disciplinary Review Board (DRB) and argued that the FBI had no right to ask the Agent for the private medical information and that the Agent’s statements during the investigation were true. The DRB agreed and concluded that the FBI wrongly terminated the Special Agent. As a result, the Special Agent is allowed to return to work at the FBI with full back pay and benefits. ALG’s Wynter Allen and Kristin Alden represent the Special Agent.

Two Employees Avoid Termination

Two federal employees who work together at the same agency faced proposed removals because, among other things, they alerted upper management to incidents of waste, fraud abuse, and potential danger to public safety in transportation security. ALG swayed the Office of Special Counsel to seek a stay from the agency on the pending removal actions and to investigate the employees’ claims of whistleblowing retaliation. ALG’s Kristin D. Alden and Ross Fishbein represent the employees.

Disabled Employee Keeps His Job

An employee faced losing his job after engaging in self-admitted serious misconduct. Ross Fishbein, ALG Associate, worked tirelessly with the employee and his doctor to persuade the employer that the conduct occurred under highly unusual circumstances arising from his medical condition and related medication and that firing him was too severe. The employer reconsidered its position, mitigated the penalty from removal to a suspension, and let the employee to keep his job. Kristin D. Alden and Ross Fishbein represented the employee.

DOT Non-Selection Overturned

In a complicated case that started in 2008, a Department of Transporting sub-agency offered ALG’s client a job. But -- when the agency learned that she had a disability, it rescinded the job offer. ALG proved that the agency violated the Rehabilitation Act (the federal sector version of the Americans with Disabilities Act) when it drew generalized conclusions about the applicant and her medical condition and summarily decided that she could not perform the job. An EEOC judge ordered the agency to take corrective action, to pay compensatory damages, and to pay attorney fees. ALG continues to represent the applicant in her appeal of the case seeking clarification of her entitlement to back pay for the eight years that the agency refused to hire her. ALG’s Michelle Bercovici and Kristin Alden represent the applicant.

FBI Employee Wins Job Back

The FBI fired an employee for alleged misconduct. ALG’s Wynter Allen represented the employee before the FBI’s internal Disciplinary Review Board (DRB) and convinced the FBI that the employee did not engage in the charged misconduct. ALG’s client was allowed to return to the job at the FBI.

Federal employee wins job – retaliation in non-selection

ALG represented a former federal employee in her discrimination complaint at the EEOC. The EEOC judge awarded compensatory damages, retroactive placement into a position, three years of back pay and attorney fees. Our client and her husband had worked at a federal agency. Our client left the agency shortly after her husband filed a discrimination complaint against the agency. Our client later applied for a job and the agency, knowing about her husband’s case, refused to hire her. ALG’s Wynter Allen successfully represented our client at the EEO investigation and the EEOC hearing.

DC Government Employee Wins Job Back

A DC employee was wrongfully terminated when her agency fired her through a “reduction in force”. The judge found that the DC agency engaged in multiple errors in the RIF, making the RIF void, and stated that the DC agency’s “error was egregious and cannot be tolerated”. Our client was awarded retroactive reinstatement with full back pay and attorney fees. ALG’s Kristin D. Alden and Rachel S. Fisher successfully represented the employee.

Two Congressional employees win jobs back – wrongful termination

ALG demonstrated that a Congressional agency wrongfully fired two union members. The arbitrator found that the agency failed to prove that the employees engaged in the accused misconduct and that the agency failed to consider proper mitigating circumstances. The arbitrator awarded the agency to retroactive reinstate the employees with back pay and benefits. ALG’s Michelle Bercovici and Timothy Cheng litigated the grievance and arbitration.

Negotiated Settlement Saves Whistleblower’s Job

A senior federal employee reported an abuse of authority and violation of law. ALG charged that the agency retaliated against the employee when her agency attempted to demote her several grades and move her to a different position 300 miles (and 4 states) away. ALG filed with the Office of the Special Counsel which agreed to investigate and prosecute the claim. As a result, ALG negotiated a successful resolution with a total value of more than $500,000 where the employee was able to keep her grade, pay and home. ALG’s Kristin D. Alden and Michelle Bercovici represented the employee before the OSC.

Whistleblower Reinstated

ALG represented a federal employee who was wrongfully fired after complaining of discrimination and of breach of security protocol within her intelligence agency. A judge from the Merit Systems Protection Board ruled that the termination was wrongful and retaliatory and ordered the intelligence agency to reinstate our client with full back pay, benefits, compensatory damages and attorney fees. ALG’s Kristin D. Alden and Wynter Allen represented the client before the MSPB.

$306,000 Discrimination Complaint Settlement

ALG represented a federal employee who worked for an intelligence agency. The agency suspended our client’s security clearance, we alleged, in retaliation for her successful discrimination claims. ALG negotiated a settlement agreement with the agency for over $300,000 to compensate our client for the time she was out of work and expenses she incurred in preserving her security clearance. ALG’s Kristin D. Alden and Wynter Allen represented the employee at the EEOC and OSC.

Employee Gets Security Clearance Back

A federal employee was facing losing her job because her agency removed her security clearance when she misrepresented certain facts on a federal form. ALG persuaded the agency’s security office that the misrepresentations were a mistake and did not impact the employee’s trustworthiness. ALG’s Wynter Allen represented the employee.

$174,796 Settlement

The EEOC ruled that a federal agency wrongfully disclosed its employee’s private and confidential medical records to his co-workers. In addition, the employee alleged that his agency paid him less than his female colleagues, in violation of the Equal Pay Act. Kristin D. Alden represented the employee.

Federal Employee Wins Job Back – Wrongful Termination

A law enforcement agency wrongfully fired an employee. ALG represented the employee in lengthy litigation against the agency resulting in the employee’s reinstatement with full back pay and benefits and payment of full attorney fees. Ultimately, the agency paid nearly $700,000 because of its illegal actions. ALG’s Kristin D. Alden proved the termination was wrongful and Michelle Bercovici also represented the employee in seeking appropriate relief.

Federal Employee Gets Raise, Training, Upward Mobility

An intelligence agency denied an African American administrative assistant several promotions, while white admin assistants received promotions, awards, and training. ALG negotiated a settlement and our client received an immediate $20,000 raise, cash performance awards, training, and non-competitive opportunities for an additional promotion. ALG’s Kristin D. Alden represented the employee.

$236,523 Settlement

An intelligence agency denied its employee accommodations for her medical conditions and tried to fire her for AWOL. ALG negotiated a settlement valued at more than $235,000. ALG’s Kristin D. Alden and Michelle Bercovici represented the employee.

$117,000 Settlement

A federal agency sexually harassed one of its employees. Early in the case, ALG negotiated a settlement valued at $117,000. ALG’s Michelle Bercovici represented the employee.

DC Employee Saves Job

A DC agency tried to fire an employee who failed a random drug test. ALG demonstrated that the employee’s use of prescription medications was permissible and saved the employee’s job. ALG’s Kristin D. Alden represented the employee.

14-day suspension avoided

A federal employee faced a 14-day suspension without pay. ALG persuaded the agency that their allegations were unfounded and that the employee was facing unwarranted mistreatment. Instead of suspending the employee, the agency put a letter her personnel file temporarily. ALG’s Timothy Cheng represented the employee.

Negotiated Settlement Saves Whistleblower’s Job

A senior federal employee reported an abuse of authority and violation of law. ALG charged that the agency retaliated against the employee when her agency attempted to demote her several grades and move her to a different position 300 miles (and 4 states) away. ALG filed with the Office of the Special Counsel which agreed to investigate and prosecute the claim. As a result, ALG negotiated a successful resolution with a total value of more than $500,000 where the employee was able to keep her grade, pay and home. ALG’s Kristin D. Alden and Michelle Bercovici represented the employee before the OSC.

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