EEO Case against the Department of  Veterans Affairs

A V.A. physician was reassigned and removed from some of her duties, while the Agency conducted an Investigation into allegations of misconduct.  Although the investigation was completed quickly, and the client was exonerated, the Agency continued to keep the Physician in her reassigned position with, no valid reason. The client alleged that she was subjected to disparate treatment due to her gender and National Origin.  The EEOC Administrative Judge agreed and ordered the Agency to pay her compensatory damages, to restore leave to and to fully pay her attorneys fees.  This case was NOT appealed by the Agency.

EEO Case against the Department of Homeland Security

EEOC Case No. 480-2015-00781X

The Department of Homeland security retaliated against an immigration officer after she reported discrimination by denying her promotions, and removing her duties. We prevailed in establishing that the client’s duties were removed in retaliation for her protected activities. She was awarded attorneys fees and the Agency was ordered to restore her duties.

Arbitration against Orange County Mosquito and Vector Control District

A Vector Control Inspector and Union President was terminated after a union dispute with District Management. In the subsequent disciplinary appeal the Agency was ordered to reinstate our client and give him full backpay and benefits totaling more than $100,000.

City Council Hearing against the City of California City

An African American General Services working was terminated accused of failing to competently complete repairs to a sidewalk. After a day of hearing before the City Council a settlement was reached allowing the employee to retire.

Litigation against the City of West Covina

Los Angeles Superior Court, Case No. BC 630 552

A Deputy Fire Marshal was terminated after he reported safety concerns and violations of the Fire Code including in the City’s Jail, Community Center and Senior Center. Our client also refused to sign off on permits in violation of the Fire Code. A Los Angeles Superior Court jury awarded our client $4,003,000. The City is currently appealing this verdict.

Merit Systems Protection Board Case against U.S. Postal Service

SF-0752-09-0817-I-1;  SF-0752-09-0949-I-1

The Agency demoted a Postmaster to a craft employee claiming she engaged in misconduct with a high level manager, in order to further the career of the Postmaster. After a full hearing before an Administrative Judge, an initial decision found that we had successfully established that the charges were unfounded.  The Postmaster was restored to her position. She was also awarded attorneys fees and back pay. The Agency chose NOT to Appeal the Decision of the Administrative Law Judge.

Merit Systems Protection Board Case against the Department of Veterans Affairs

Docket No. SF-0752-09-0683-I-1

The Agency removed a female Program Support Assistant after she and her male Supervisor became involved in a physical altercation at work.  The Agency alleged she instigated the physical altercation and was responsible for the confrontation.  The Agency terminated both her and the Supervisor. After a full hearing before an Administrative Judge of the M.S.P.B. the termination was mitigated to a sixty-day suspension. The Judge ruled that although she was involved in the altercation, she did not initiate it and the maximum penalty that could be sustained was a sixty day suspension.  She was awarded back-pay and Attorneys fees and restored to duty.

Merit Systems Protection Board Case against Department of Homeland Security

Docket No. SF-0752-12-0508-I-1

A Department of Homeland Security Import Specialist who was required to successfully complete a training program as a condition of her employment failed to complete the training course and was demoted to a GS-7 clerical position from her GS-11 position. The employee had held a variety of officer positions at various grades.  Significantly the employee had previously held a GS-12 position for more than ten years. The Judge found that the Agency’s charge was sustained because the requisite test was failed by the employee but MITIGATED the penalty to demotion to a GS-9 level position which had been open.  The Judge found that the Agency could have demoted the employee to a vacant GS-9 position and improperly demoted her to a GS-7 position, which was too harsh of a penalty. The client was awarded back-pay and attorney fees and restoration to a GS-9 position.  The Agency chose not to Appeal the decision.

Merit Systems Protection Board Case against the Department of the Air Force

A Firefighter employed by the Department of the Air Force was removed for allegedly intimidating two active duty Airmen and creating a hostile work environment for them which the Agency alleged constituted Conduct Unbecoming a Federal Employee.

During a Merit Systems Protection Board hearing that spanned two days, we presented evidence and testimony and cross-examined Agency witnesses.  The Administrative Judge ruled that the charges were NOT sustained and that the Agency failed to prove the charges by a preponderance of the evidence.  We were able to demonstrate that the alleged “victims” were merely unhappy with their assignment and that our client was not responsible for the conduct alleged. The client was awarded full back–pay, restoration to duty and Attorney’s fees.  The Decision of the Administrative Judge was NOT appealed.

Merit Systems Protection Board Case against the Department of the Air Force

A Firefighter and Union Officer was removed for allegedly failing to properly record Union Official time and for intimidating two active duty Airmen and creating a hostile work environment for them. The Agency alleged Mr. Ackerman’s client participated in conduct which constituted Conduct Unbecoming a Federal Employee.

During a Merit Systems Protection Board hearing, we presented evidence and testimony and cross-examined Agency witnesses in defeating the Agency’s allegations.  The Administrative Judge ruled that the charges were NOT sustained and that the Agency failed to prove the charges by a preponderance of the evidence.  In this M.S.P.B. Appeal, the Agency was unable to establish the charges by a preponderance of the evidence.  Our client was awarded full back–pay, restoration to duty and Attorney’s fees.  The Decision of the Administrative Judge was NOT appealed.

Litigation Settlement against a County

A peace officer was demoted and forced into retirement after making multiple internal complaints including a complaint to the Board of Supervisors regarding discrimination, retaliation and unlawful activities. After commencing litigation we were able to obtain a settlement of $900,000 for our client.

Litigation Settlement against a County

An accountant was sent to a fitness for duty exam and declared unfit for duty without any specifics about the alleged health condition. After commencing litigation we were able to obtain a settlement of $600,000 for our client.

EEOC Settlement against a County

A Children’s Social Worker was denied accommodation. Our client filed internal complaints and a complaint with the EEOC. An EEOC mediation resulted in her being returned to work, provided with her requested accommodation, restored her backpay and benefits, and paid for her attorney’s fees.