This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq
We represent government employees before the District of Columbia Office of Employee Appeals (OEA) in appeals of personnel actions. The OEA only accepts certain types of D.C. government employee appeals, and it is important to have an attorney for representation.
Types of Appeals OEA Accepts
The OEA accepts appeals by D.C. government employees in cases involving the following types of actions:
(a) A performance rating which results in removal of the employee
(b) An adverse action for cause which results in removal
(c) A reduction in grade
(d) A suspension for ten (10) days or more
(e) A reduction-in-force
(f) A placement on enforced leave for ten (10) days or more
The most common type of case that is heard at the OEA involves disciplinary actions of 10 days up to termination.
The OEA Process
To file an OEA appeal, a D.C. government employee must usually submit it within 30 days. Not doing so can cause the case to be dismissed. Once the appeal is filed, an administrative judge will be assigned and the D.C. agency will file a response. The D.C. Government will be represented in the case by an attorney.
The next step is to determine whether or not mediation is a good option to resolve an OEA appeal. If mediation is successful, then the case will be resolved. If not, the case will move to the hearing stage.
The OEA Hearing Stage
If the OEA appeal is not otherwise resolved, the case progresses. An employee has the ability to obtain discovery: depositions, interrogatories, written evidence and requests for admission. Once discovery is completed, then the case moves to pre-hearing submissions and conferences. An evidentiary hearing (trial-like hearing) can then be conducted.
The OEA hearing will generally consist of opening statements, witness examinations, the introduction of evidence, and closing statements. An OEA evidentiary hearing is very similar to a civil trial. It is important to have counsel during this process.
Following the OEA hearing, the administrative judge will issue a decision in the case. For example, an administrative judge may find that a termination is unwarranted and reinstate the employee with backpay. If the decision is unfavorable, the D.C. employee may appeal.
Contact Us
We represent government employees in the District of Columbia before the OEA. To schedule an initial consultation with one of our D.C. employment lawyers, please contact us at (703) 668-0070 or by visiting our website.
