Medical professionals who work at federal agencies such as the Veterans Health Administration or National Institute of Health (NIH) are usually appointed under Title 38 of the United States Code Section 7401(1). As a Title 38 employee, your rights differ significantly from other federal employees.
The Employment Law Group® has substantial practical experience representing Title 38 licensed professionals in both internal and external administrative proceedings and in court, and in particular obtaining injunctive relief to stop the VA and other agencies from taking adverse actions against Title 38 federal employees that could impact their licensing.
In Shen v. Shinseki, The Employment Law Group® obtained a rare order from the federal court prohibiting the U.S. Department of Veterans Affairs from terminating our client, a Title 38 physician, while her civil rights complaint was pending before the Equal Employment Opportunity Commission. The ruling sent a clear message that federal agencies are not free to abuse the EEOC process. John Preston Bailey, chief judge for the U.S. District Court for the Northern District of West Virginia, issued a preliminary injunction preventing the agency from terminating our client until her EEOC claims are resolved.
If you believe that you have been treated unfairly at work, it is particularly important to know your legal rights. As a medical professional, an adverse employment action such as a demotion or reprimand can follow you for the rest of your career.
Which federal employees are appointed under Title 38?
How do the rights of Title 38 federal employees differ from other federal employees?
What other federal laws protect Title 38 employees?
What experience does The Employment Law Group® law firm have with representing Title 38 employees?
What should I do if I am being treated unfairly at work?
Which federal employees are appointed under Title 38? Back to top.
Pure Title 38 employees generally occupy one of the following positions:
However, federal employees with rights that may be split between Title 38 and Title 5 generally occupy these positions:
How do the rights of Title 38 federal employees differ from other federal employees? Back to Top.
Title 38 employees appointed under section 7401(1) are subject to a different remedial process for personnel actions, and generally cannot appeal personnel actions to the Merit Systems Protection Board (MSPB), with some exceptions. Instead, remedies are usually more streamlined and leave employers with more discretion to institute adverse employment actions. Significant features of the Title 38 remedial scheme include:
What other federal laws protect Title 38 employees? Back to top.
While Title 38 employees may use a different remedial scheme for personnel actions, Title 38 employees are still protected from unlawful conduct, such as discrimination and retaliation, by other federal statutes. For example, Title 38 employees are still covered by:
What experience does The Employment Law Group® law firm have with representing Title 38 employees? Back to Top.
The Employment Law Group® is one of the few law firms to regularly seek and obtain injunctive relief, prohibiting the agency from firing or taking any other adverse personnel action against Title 38 employees.
What should I do if I am being treated unfairly at work? Back to Top.
Title 38 and the regulations, rules, and policies created under it can be confusing. From contesting an adverse personnel action to applying for medical staff reappointment before a Professional Standards Board, effectively asserting your rights under Title 38 can require a detailed understanding of the law. Processes often move quickly and in more than one jurisdiction.
With consequences that can reach far beyond your current appointment, knowing and asserting your rights may be critical to your career. The Employment Law Group® law firm is experienced at navigating this complex area of law and achieving justice for VHA employees. If you feel you are being treated unfairly, contact the attorneys at The Employment Law Group® today by phone at (888)603-0983 or by email at firstname.lastname@example.org.
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The Employment Law Group® law firm represents employees nationally who have blown the whistle on corporate fraud and abuse and who have been the victims of discrimination, harassment, or other violations of their civil rights. With offices in Washington, D.C., San Francisco, and Los Angeles, California, The Employment Law Group® law firm’s seasoned trial attorneys have earned a highly desirable record of favorable settlements and verdicts on behalf of its clients.