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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111638
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I need an employment lawyer with experience in federal

Customer Question

I need an employment lawyer with experience in federal employment law. Thank you for all the information. Please tell me via email, the step-by-step process I will have to go through to get a Discontinued Service Retirement (DSR)? When do I make the request? How do I make the request? Who do I make the request to? Should I make a request for a DSR before OPM dismiss me from service so that the dismissal will be based on the DSR and not something like a Disability Retirement? Is it better to wait for the OPM dismissal and then apply for the DSR? I understand that OPM will set the dismal date for 60 days from the time the dismissal paperwork is sent. Am I allowed to request a job outside of DOD that does not require a security clearance instead of dismissal? I have received a letter from my supervisor and he intends to file for dismissal no sooner than 30 Sept. 2016. I have until 23 Sept. 2016 to make a reply. Do I request a DSR in my reply?-***** *****
Submitted: 2 months ago.
Category: Legal
Customer: replied 2 months ago.
I prefer a lawyer well-versed with Government Law. Here is my situation:I may be dismissed from service. I am a government (DOD) employee, GS13-10 under FERS. I am 55 1/2 yrs old and have nearly 24 years of service. I have lost my security clearance because my supervisor claims I have a mental disorder. I have stated that this claim was filed in retaliation for pass EEOC actions that I filed and won; and for an on going current EEO complaint. Although two doctors have signed off and stated that I am fit to return to full duty, my supervisors insisted I remain on administrative leave and that I see government approved doctors. I refused their request to see their doctors and as a result, I have lost my security clearance, because they say that concerns for my mental condition have not been mitigated. Can I appeal the dismissal and request to remain on paid administrative leave until the EEOC actions are completed? Since the reason for termination is not due to misconduct nor bad performance; can I retire under a Discontinued Service Retirement (DSR)?
Please tell me via email, the step-by-step process I will have to go through to get a Discontinued Service Retirement (DSR)? When do I make the request? How do I make the request? Who do I make the request to? Should I make a request for a DSR before OPM dismiss me from service so that the dismissal will be based on the DSR and not something like a Disability Retirement? Is it better to wait for the OPM dismissal and then apply for the DSR? I understand that OPM will set the dismal date for 60 days from the time the dismissal paperwork is sent. Am I allowed to request a job outside of DOD that does not require a security clearance instead of dismissal? I have received a letter by supervisor he intends to file for dismissal no sooner than 30 Sept. 2016. I have until 23 Sept. 2016 to make a reply. Do I request a DSR in my reply?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
To qualify for discontinued service retirement, an employee must receive specific written notice of a proposed involuntary separation. So, in order for you to apply to Office of Personnel Management for the discontinued service retirement, you need the letter from your supervisors with your intended separation for non-disciplinary grounds. Then you would have to file with OPM. You are also allowed at this point to seek another job in the federal civil service system to transfer to.
If they are harassing and retaliating against you based on a perceived disability or in retaliation for you filing your EEO complaint, then you should not do anything other than continue to fight your EEO claim and subsequently sue them in court if required based on their harassment and retaliation. You do not want to prematurely take the retirement which could impair your claim for wrongful termination and ability to return to your service to get your full time, since once you take the retirement that is the end of your ability to return.
You have to continue to fight the action based on the retaliation and harassment and see it through, or if your employer is willing to give you a proposed termination without misconduct and you want to walk away completely, then you would contact OPM for the discontinued service retirement.
You could request a transfer to a new assignment in your reply, which would then not impede your EEO and retaliation claims.

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