When You Are Accused of Misconduct: Federal Employment Law and Litigation - “I Got Fired!” Show

Work discrimination lawyer Rob Porter covers what public sector employees need to know about workplace misconduct accusations. The “I Got Fired!” Show, hosted by Tom Spiggle, gives real-world advice for workers who have been fired or are afraid they might be.
Featuring expert employment lawyers who specialize in protecting workers, we cover unfair dismissal, discrimination, disability, litigation, and more. Learn more here: www.spigglelaw.com/tools-reso....
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1:15 Laws that apply to federal employees in misconduct investigations
3:00 Poor performance issues
5:30 If you commit a crime outside of work or at work, if you’re accused of sexual harassment or other violations
9:30 How to know if you’re under investigation
11:10 What are employment rights?
15:00 Trial work lawyer tip
16:55 Do federal employees have 5th Amendment rights?
20:45 When or why do you need an employment lawyer?
22:45 When to call a criminal lawyer
23:50 Table of penalties
27:14 What is MSPB and what do federal employees need to know about it?
30:58 Douglas factors
33:48 Employment lawyer strategies
42:00 Right to respond
50:00 Timelines
The Spiggle Law Firm covers employment law and protects workers from wrongful employment practices. Since opening its doors in 2009, our employment lawyers have negotiated millions in settlements and become a trusted and respected advocate for those facing discrimination, retaliation, and harassment in the workplace, including:
- Family Medical Leave Act
- Pregnancy, Gender, Race, Disability and Age Discrimination
- Severance, Pay and Overtime
- Federal Workers and Military
- Sexual Harassment
- Whistleblower and Workplace Investigations
A Virginia-based law firm, we represent clients across the region in Virginia, District of Columbia, Maryland, Tennessee, and North Carolina.
Learn more at www.spigglelaw.com/ and find us on:
Facebook: / spigglelaw
Twitter: / tspiggle
LinkedIn: / the-spiggle-law-firm

[@Twizzledoc187]

I am being investigated for misconduct. It was a misunderstanding. I was accessing previous records from my time working in the Ohio office. I now live in Florida and they feel that I was possibly committing a violation by looking up records of friends or acquaintances. I told them that the records I was looking at were from my old phone log and the people are not my friends or acquaintances. They informed me that they use a “CASI” system and any time someone looks up a record that is close to someone’s date of birth it “flags” the person’s info. I guess by going through my old phone log over a period of time it looks suspicious. Until this year, I never been in a situation like this. The stress I feel is unimaginable. I’ve been with this federal job for 13 years + my military buyback which makes me eligible for early retirement in three years. I wish I knew more about how this process works.

[@yellowflower2067]

I was let go at my work, and my employer said that I was let go because of misconduct. I never once raised my voice, was unruly or was ever mean in voice towards that person or that office. So now that person does not want to pay my unemployment which makes me furious, because the person said that “I had done all that I could do, and that I had hit a glass ceiling on my limits of my work capabilities.” The person also said that they would not fight me on unemployment... but here I am dealing with them even when I didn’t do anything wrong other than not meet their high standards. So I’m pretty upset.

[@Christ_Is_Life10-10]

You could have appealed the decision if your benefits were denied.

[@ArtistTavia]

Very informative, has the video regarding MSPB been published? Thank you!

[@gracewisher3664]

So much on federal employees..but what protective rights and procedures are applicable tovthe majority of employees working for private companies? How does Title VIi preempt intentional discriminatory targeting used to eliminate females, older, and people of color?

[@Spigglelaw]

You should check out our website and other videos about Title VII. This law makes illegal what you describe. The difference between federal sector and private sector workers is that federal sector workers have more procedural rights. For instance, in the federal sector employers are required to follow a certain set of steps before they can legally fire an employee. That is generally not the case in the private sector. But the behavior you describe here is illegal and you could file and EEOC against your employer on this basis. Sorry that you are having to deal with this and wishing you the best of luck!

[@gracewisher3664]

Been there several times w the so called "impartial" but employer leaning EEOC, specifically in Ohio. There is no over site by the commission when the record is clearly not 'complete and accurate' lesser 'that any reasonable factfinder would expect to see'...and when I complained to upper commission that evidence wasn't collected i.e., my personnel files their response: We usually adhere to the decision of the OCRC. With that one is forced to file, and forced to relent to bias, discrimination, even on appeal the Admin judge saying your motion is not well taken..."that evidence should have been acquired before filing the R37'...so..how was I supposed to get the evidence if EEOC can do as it pleases? Title VII/Justice is another farce; a delusion for the masses n availed to those who can pay for it. Then, there should be other processes made available to essentially save economic lives. I appreciate your response.

[@helenewebster-sisk2407]

Poor Job Performance falselyaccused: PRL lied against me that I was untrainible. That was why Blyth made excuses to HR Sarah, DID NOT train me. "Mismatched," "Stupid, etc" but the truth was this is evidence of being "set up to fail, Retaliated Harrassment, Hostile work environment, Disparative Treatments.

[@angelinavendetti4190]

Denied an extention on a LWOP. And denied a transfer when I was denied a rental property six times . the harassment. Followed from bucks county lowersouthampton court and township

[@whatnowok]

Great video guys🎉Thank You

[@angelinavendetti4190]

I was denied an extention after my. Car battery drained and tires had the air taken out on federal grounds . The time card machine didnt work when clocking in and they lied about me being late. For two weeks the harassment went on. Being pulled over and followed by police state troopers

[@Lyric-sd5tb]

Every question that I personally needed answered, the interviewer made him cut off…😫

[@Spigglelaw]

What questions do you have?

[@sl4983]

Thank God for lawyers.

[@angelinavendetti4190]

Thank you

[@existentiallifecoach2024]

Great video!

[@princesaluna3850]

I witnessed a situation at work when an employee assaulted another employee. It was premeditated. My supervisor, neither her supervisor asked me about the situation or how I was feeling after that happened. I feel they didn't protected me. I have been feeling very anxious after that situation. The employee only got two weeks suspension and he can get it whenever he wants to.

[@Spigglelaw]

Unfortunately, you may not have many protections here since you were not the subject of the attack. However, if this thug starts threatening you, then your employer does have an obligation to ensure a safe working environment. I would need more information, but you may have a hostile work environment claim. Worth talking to a lawyer. Here's a video I did on how to find one: kzbin.info/www/bejne/rHTQdXmvrdCkrbM

[@Christ_Is_Life10-10]

Is it common to have investigations follow you from job to job?

[@dawnevans7628]

Do tenured new supervisory year probationary employees also have MSPB rights?

[@lovemomrios6925]

What of I was struggling at that time I got fired struggling due to no childcare at that time my baby sitter could no longer watch my daughter so I would go in late or miss I would have to end up wait for a family member to get out to b able to watch her

[@sl4983]

Following

[@maurice2014]

That's not the employers fault. Sorry to say. If attendance is crucial to that job, they have every right to release you.

[@dawnevans7628]

Who is the deciding official? Do they have to be a grade above the proposer?

[@sl4983]

Following

[@mauricehorton2824]

I been placed on administrative leave with pay since 10/16/2019 by a federal agency. How long can this lasted.

[@sl4983]

Following

[@trematthews2835]

Does the same rules apply to Falsification Charges in the Workplace? And when going to these hearings, what type of documents/proof does deciding officials typically take. For example, would letters from co-workers suffice or even referencing events such as phone conversations suffice to clear ones name. And if you do have someone vouch fo you, will they be called to the hearing?

[@Spigglelaw]

You'll need an attorney to advise you on your particular situation. I suggest nela.org and avvo.com as a good way to locate an attorney. Wishing you the best

[@sl4983]

Following

[@maurice2014]

@@Spigglelaw you don't need any attorney to answer his question... come on man. He just wants to know what kinds of evidence are needed to clear an allegation, just list the different kind

[@TalkCafeTV]

What is a PIP?

[@cjakmj]

It's what an employer puts you on when they're about to get rid of your ass.

[@Spigglelaw]

Performance Improvement Plan

[@sl4983]

Following