Silver Spring Employment Discrimination Lawyer
National Employment MSPB and EEO Lawyer
Litigating before the Merit Systems Protection Board and the EEOC can be complicated. We have successfully been litigating before these Courts for well over twenty years. It’s imperative that your lawyer has the necessary experience in these forums to give your case the best chance of prevailing.
MSPB Cases
There are two major groups of MSPB cases that we litigate. The first is wrongful terminations for federal employees who have MSPB rights. These case typically evolve from allegations against the federal employee for committing some actions the government contends justifies a termination. This can involve allegations that the federal employee made fraudulent statements, committed a lack of candor or was involved in time card manipulations. In some of these cases, the federal employee didn’t commit the action at all. In others, the federal employee may have committed some version of that action, but the punishment of termination far exceeded the violation. In other cases, the government alleges that the employee wasn’t properly performing the duties of the position.
Some of our MSPB Wrongful Termination Results
NICOLE NUALART V. DEPARTMENT OF HOMELAND SECURITY, MERIT SYSTEMS PROTECTION BOARD (“MSPB”) NO: DC-0752-23-0084-I-2 (2024)
Prevailed on an MSPB decision mitigating a termination to a twenty one day suspension and reversed a lack of candor charge. The government alleged that Ms. Nualart failed to follow orders in a massive scanning assignment, which wasn’t in her position description to begin with. The responsible agency officials also alleged that Ms. Nualart committed a lack of candor by denying that she had shredded documents. The matter went to hearing and we cross-examined the agency proposing official and the agency deciding official. In short, they were not credible as the Judge found. As such, the Judge mitigated the termination to a twenty-one day suspension and Ms. Nualart’s job was saved.
APPELLANT V DEPARTMENT OF HOMELAND SECURITY, MSPB NO: (2022)
Obtained an MSPB decision mitigating a termination to a thirty day suspension. The federal employee was charged with conducting outside employment and activities, working as a real estate agent while employed with the Department of Homeland Security. She was also charged with falsifying a Confidential Financial Disclosure Report. Her supervisor researched her direct report on found several websites listing the employee’s real estate activities. The Administrative Judge ruled that these allegations did not rise to a level warranting termination. He applied the twelve Douglas factors including the nature and seriousness of the offense, the employee’s past job and disciplinary record, and the consistency of the penalty imposed on other employees. This federal employee’s job was saved.
ANNETTE BATES V. DEPARTMENT OF THE TREASURY, MSPB CASE, DENVER FIELD OFFICE (OCTOBER, 2015)
After more than 30 years of successful federal service, following discrimination complaints of age and gender discrimination, our client, federal auditor, Annette Bates, was placed on a 60 day performance improvement plan and despite being on that plan for only eighteen days, she was removed from the agency. Morris E. Fischer, a former staff auditor himself at Ernst & Young, prior to attending law school in the early 90s, used his unique professional experience to successfully take two critical depositions of Ms. Bates’ supervisor and director. The agency file contained thousands of auditing work papers in an attempt to hide the true nature of the alleged mistakes committed by Ms. Bates. The case further required a familiarity with the “Teammate” auditing software which we utilized.
Following the filing of a superior Pre-Trial statement which contained agency admissions revealed at depositions and the most recent M.S.P.B. case law on the significant recognized defenses to Chapter 43 Removal actions, the agency offered to settle. The case settled a week before hearing and settlement terms included a combination of $190,000 for back pay, compensatory damages and attorney fees as well as all negative information from Ms. Bates’ personnel file removed.
The second group of MSPB matters we handle are whistleblower retaliation cases. These are more well known and some of our federal whistleblowers have made national news. Two of our whistleblower clients testified before the U.S. Senate Committee on Homeland Security. Some of the whistleblower cases we have handled:
TAYLOR JOHNSON V. DEPARTMENT OF HOMELAND SECURITY, MSPB NO: SF-1221-16-0004-W-2
Our firm was retained by Senior Immigration and Enforcement Agent, Taylor Johnson, who testified before the U.S. Senate Committee on Homeland Security and Governmental Affairs in June, 2015. Ms. Johnson reported extensive abuse of the EB-5, USCIS Immigrant Investor Program with respect to the refurbishing of a Las Vegas casino, headed by an investor group, represented by Rory Reid, Esq., son of U.S. Senate Minority leader, Harry Reid (D-NV). The Department of Homeland Security issued an Office of Inspector General (OIG) report concluded that Reid pressured a compliant DHS official to override normal departmental procedures and rush through 230 EB-5 foreign visa applications.
The OIG report found that requests to expedite EB-5 processing are normally granted only in very rare circumstances, but in this case to save the project, after a number of phone calls with Senator Reid’s office, USCIS Director and Deputy DHS Secretary, Alejandro Mayorkas, pressured ICE officials to expedite and approve the processing.
Ms. Johnson’s reward for whistle blowing was ICE taking her weapon and ICE credentials, along with her government vehicle and access to her place of employment. In addition, the Agency issued a Proposal to Remove based upon charges that had absolutely no basis. When a social worker working with the Johnson family with respect to her adopted children contacted ICE, she was told that Ms. Johnson was terminated for a criminal offense. As a result, Ms. Johnson nearly lost her 1 year old adopted child. Morris E. Fischer, Esq. and Daniel Kenney, Esq., of Counsel to the firm litigated the case before the Merit Systems Protection Board, where the matters were resolved to the satisfaction of the parties.
KEEGAN V. SOCIAL SECURITY ADMINISTRATION
Morris Fischer represents, Michael Keegan, a former Associate Commissioner for Facilities for the Social Security Administration, who blew the whistle on Carolyn Colvin, the President’s nominee to lead the agency. In short, Ms. Colvin, failed to disclose to Congress a damning report regarding a 300 million dollar computer system to process disability claims of which she was aware. Moreover, she misled Congress into believing that the project was right on schedule without any notable issues. The case was pursued by the Merit Systems Protection Board, the Senate Finance Committee, chaired by Orrin Hatch (R-UT) and the Congressional Committee on Oversight and Government Reform, chaired by Darrell Issa (R-CA).
On June 11, 2015, we represented Mr. Keegan who testified before the United States Senate Committee on Homeland Security & Government Affairs, one of the most powerful committees in all of Congress. This committee is chaired by Ron Johnson, (R-WI) and Thomas Carper (D-DE) serves as the minority ranking member. Well known U.S. Senators, John McCain (R-AZ), Rand Paul (R-KY) and Claire McCaskill (D-MO) all serve on this committee. The testimony was televised nationally by C-SPAN. Mr. Keegan testified to the gross waste by SSA regarding a National Computer Center project in which agency officials misled Congress.
JASON MOUNT V. DEPARTMENT OF HOMELAND SECURITY, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, 18-1762
This was an Appeal filed under the All Circuit Review Extension Act in the First Circuit Court of Appeals, Boston, Massachusetts. The MSPB Administrative Judge dismissed Mr. Jason Mount's perceived whistleblower claim, contending that his OSC complaint failed to specify the term, "perceived whistleblower." The Court made new law holding, " [f]or the first time in this Circuit, we hold that the WPA only requires that complainant include sufficient factual basis to enable the agency to investigate." This holding effectively holds MSPB Administrative Judges to a much higher standard in dismissing whistleblower cases. Case picked up by Law Justia: https://law.justia.com/cases/federal/appellate-courts/ca1/18-1762/18-1762-2019-08-29.html
We invite you to watch many of our podcasts on whistleblowing:
https://www.youtube.com/playlist?list=PLt6Y_tdhOCCYbSSb8OJVGONPk5ahVBYgF
EEO Cases
We represent federal employees nationally in EEO cases before the EEOC. These cases involve all kinds of illegal discrimination and retaliation. We also represent federal employees in federal court and we have had cases involving federal employees that went to Federal Court in Maryland, the District of Columbia, Virginia, North Carolina, Georgia, Massachusetts, New Jersey, Colorado, Texas, Hawaii and Indiana.
These are some of the successful results we’ve had in this area:
HAYES V. NAPOLITANO, U.S. DISTRICT COURT, DISTRICT OF COLUMBIA, 12-825 (ABJ)
The firm represented New York City, Immigration and Customs Enforcement (ICE) chief JamesHayes when was passed over for promotions in favor of less-qualified individuals, some of whom used to work for Janet Napolitano and were friends of hers, when she was governor of Arizona. When Hayes complained about discrimination and government corruption, he was retaliated against by ICE officials launching six investigations against him, none of which were founded. Hayes lawsuit alleged among other things that ICE Chief of Staff, Ms. Barr created a frat house-type atmosphere culture.
The case gathered national press coverage, including segments on NBC's Today show and Fox News, as well as articles on CNN, and national papers such as the Wall Street Journal, the New York Times, Chicago Tribune, Los Angeles Times, and Washington Post. After several months of litigation in federal Court, the case resulted in ICE Chief of Staff resigning and a $175,000 settlement without Mr. Hayes being forced to resign.
LELAND L. COGDELL, JR. V. EMILY MURPHY, UNITED STATES DISTRICT COURT, DISTRICT OF COLUMBIA, CIVIL ACTION NO: 19-2462 (RC) (2024)
Represented GSA employee with multiple disabilities including severe ADHD and autism who was denied a job coach as a reasonable accommodation request submitted by his psychotherapist. The government failed to respond to the request and contended that its other accommodations satisfied the request. Prior to retaining Morris E Fischer, LLC, Mr. Cogdell litigated his case, with a well-known, competitor law firm and lost before the EEOC and lost at hearing. The federal case, the case in which we provided representation, involved four expert witnesses, including two psychiatrists, who each provided very complicated medical testimony on psychiatric testing and treatment, and two Summary Judgment motions made by the government that were both successfully defended.
QUENTIN BORGES-SILVA V. ENVIRONMENTAL PROTECTION AGENCY - EEOC HEARING NO.: 570-2020-00896X
This was an EEOC hearing win on a hostile work environment and retaliation case. Mr. Borges-Silva was a high performing communications officer in the EPA's Office of Pesticide Programs. He was the chief agent responsible for responding to webmail, national press inquiries and the production of press packages for high level pesticide developments. A new supervisor somehow found my client's work substandard and began nit-picking at his webmail responses that were otherwise excellent. Four female co-workers testified in Mr. Borges-Silva's overwhelming knowledge, congeniality, excellent work habits and his teamwork. When my client complained about gender discrimination, he was placed in an Opportunity to Demonstrate Acceptable Performance ("ODAP") (the EPA's version of a Performance Improvement Plan). the Court found that my client was a victim of Title VII discrimination, retaliation. and that he should have never been placed on the ODAP.
CARTER V. DHILLON, 1:19-CV-00080-ACK-KJM
We represented a former U.S. Drug Enforcement Administration, GS-13, Intelligence Analyst in the United States Federal Court, in Honolulu, Hawaii. Our client, a woman, had a long and dedicated career of military and federal, civil service prior to accepting a position in Hawaii, where her work assignments were diminished, she was disparaged due to her gender and disability, ridiculed, marginalized at meetings and her co-workers were directed not to allow her to assist them with analysis, which was her job. After a year of litigation at the Federal level, our client obtained a confidential settlement.
We invite you to watch many of our podcasts on our youtube channel involving EEO Representation.