Washington, D.C. Lawyer for Title 38 and Title 38 Hybrid Employees

What Does It Mean To Be a Title 38 Employee?

As previously stated, Title 38 employees are medical care providers who are appointed under Title 38 of the U.S. Code. Employees who fall under the Title 38 umbrella are bound to unique employment laws and disciplinary actions.

Title 38 employees include, but are not limited to:

• Doctors
• Physicians
• Optometrists
• Chiropractor
• Podiatrists
• Registered nurses

Some employees are also considered “hybrids” and are covered by Title 38 for appointments and pay matters and Title 5 for performance appraisals and adverse actions. It’s important to discuss your specific situation with an experienced Title 38 lawyer before taking legal action.

Understanding Your Rights as a Title 38 Employee

Navigating the complexities of Title 38 regulations can be daunting, especially if you're unsure of your rights and benefits. At The Law Firm of John P. Mahoney, Esq., we believe that every Title 38 employee deserves clear and accurate information regarding their entitlements. By understanding your rights, you can empower yourself to take full advantage of the benefits available to you.

Here are some key rights that Title 38 employees should be aware of:

• Employment Protection: Title 38 regulations provide specific protections against unjust termination and discrimination.
• Compensation and Benefits: Title 38 employees are entitled to competitive remuneration and can access specific benefits designed for their roles, including health care and retirement options.
• Career Advancement: Employees have the right to fair consideration for advancement opportunities in their respective roles.
• Workplace Safety: Title 38 mandates compliance with safety guidelines, ensuring that you work in a secure environment.

Our dedicated team is here to help you understand these rights and how to enforce them effectively. We offer personalized consultations to address your unique situation, making sure you never feel alone in navigating your legal journey.

Don't hesitate to reach out for guidance and support — your rights are important, and we are committed to helping you uphold them.

What is Considered a 38 Hybrid Employee?

Title 38 hybrid employees include, but are not limited to:

• Respiratory therapists
• Physical therapists
• Audiologists
• Dieticians
• Social workers
• Pharmacists
• Physical therapists

If you are disciplined as a Title 38 federal employee, your case may be investigated and managed by an Administration Investigation Board (AIB). It’s imperative that you have a legal representative present during an AIB hearing. In worst-case scenarios, the AIB may issue a suspension or report the case to your licensing board.

Do I Need a Title 38 Lawyer?

For this reason, you should hire a federal employment law attorney if you feel that your career is being threatened by actions taken by the VA. An experienced attorney can guide you through your case and build a strong legal strategy to combat the following employer actions:

• Job transfers without cause
• Racial, gender, or age discrimination
• Unfair demotions, suspensions, or terminations
• Discrimination against whistleblowers

With our extensive resources and knowledge of the law, we fight for our clients' rights, whether it is obtaining injunctive relief to stop adverse action or expunging your professional files after you have been unlawfully disciplined. In order to file a successful claim against a federal employer, you must meet crucial deadlines that are much shorter than those for private-sector employees.

Why Hire The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC

When you contact our attorneys for Title 38 employees, we will:

• Provide you with a sympathetic ear
• Review and consider the facts of your case
• Guide you through the complicated aspects of the law
• Assess the strength of your claims

We can also explain all of your rights under the following acts:

• Title VII of the Civil Rights Act of 1964
• The Age Discrimination in Employment Act
• The Rehabilitation Act of 1973
• The Whistleblower Protection Act
• The Administrative Procedures Act

Our legal team at The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, has helped countless Title 38 employees defend their rights. Contact us to discuss the details of your situation.

Disciplinary Appeals Board Hearings

If your AIB assessment doesn’t go well, you can request to appear before the Disciplinary Appeals Board. This is considered a formal legal hearing, and a Lawyer for Title 38 representation is essential if you want to secure a positive case outcome.

Unique Challenges of Title 38 Employees

Detailing the Appeals Process
Title 38 employees face a distinct appeals process that differs significantly from other federal employees covered under Title 5. When disciplinary actions occur, cases often start with an Administrative Investigation Board (AIB). Employees should gather evidence early, as AIB findings can lead to significant consequences, including referrals to licensing boards.

If the AIB results are unfavorable, the next step is appealing to the Disciplinary Appeals Board (DAB), which involves formal hearings to review evidence and arguments. Title 38 employees must meet strict deadlines, which are typically shorter than those for private-sector or Title 5 employees. Missing these deadlines can forfeit appeal rights.

In some cases, Title 38 employees may need to seek judicial review under the Administrative Procedures Act (APA) for procedural violations or unjust outcomes.

Compared to Title 5 employees, Title 38 employees often lack access to grievance procedures under union agreements, making their appeals process more employer-friendly and emphasizing the importance of a Lawyer for Title 38.

Addressing Specific Legal Issues
Title 38 employees also face unique challenges tied to their roles as medical professionals:

1. Pay Disputes: Compensation under the special Title 38 pay system often leads to disagreements over step increases, locality adjustments, or bonus eligibility.
2. Promotion Issues: Promotion decisions may be influenced by subjective criteria, opening the door to potential claims of favoritism or discrimination.
3. Licensing Risks: Adverse findings during an AIB can threaten professional licenses, critical for employees like registered nurses and pharmacists.
4. Workplace Discrimination: Discrimination claims involving race, gender, or age are common, particularly in performance evaluations and disciplinary actions.
5. Whistleblower Retaliation: Employees who report unsafe patient care or misuse of resources often face retaliation, such as demotions or transfers. These actions may violate the Whistleblower Protection Act but require careful legal navigation to prove.

With the right legal support, Title 38 employees can address these challenges, protect their rights, and pursue favorable outcomes through proper appeals or litigation.

Why Choose The Law Firm of John P. Mahoney for Your Title 38 Needs?

When it comes to navigating the complexities of Title 38 claims, having a dedicated and experienced attorney on your side can make all the difference. At The Law Firm of John P. Mahoney, we pride ourselves on providing personalized legal services tailored to the unique circumstances of each client. Our in-depth understanding of Title 38 regulations means we can effectively address the challenges you may face as a Title 38 employee.

Here are a few reasons why choosing our firm for your legal needs is a smart decision:

• Specialized Knowledge: Our team is well-versed in the intricacies of Title 38, ensuring that you receive the most informed advice and strategic representation.
• Individualized Attention: We believe that every case deserves a customized approach. You’re not just another client; your case matters to us.
• Proven Track Record: Over the years, we have successfully represented numerous Title 38 employees, achieving favorable outcomes and securing their rights.
• Accessible Communication: We prioritize clear and open communication, keeping you informed every step of the way as your case progresses.
• Commitment to Justice: Our passion for advocating on behalf of Title 38 employees drives us to fight diligently for your rights and entitlements.

Contact us today to schedule a consultation, and take the first step toward obtaining the legal representation you deserve in the complex world of Title 38 employment matters.