Title 38 Lawyer
If you’re a federal employee protected under Title 38 and you’re being mistreated by your employer or have had a wrongful disciplinary action filed against you, you can take action to protect yourself. Contact a Title 38 attorney to seek guidance in asserting your rights.
Title 38 of the United States Code Section 7401(1) regulates federal employees in medical professions who work for agencies such as the Veterans Health Administration or the National Institute of Health. While other federal employees appeal their personnel actions to the Merit Systems Protection Board, Title 38 employees have a different process in place.
Understanding the Title 38 appeals and claims process can be complex. Whether you’re trying to appeal a personnel action to prevent termination or you’re trying to file a claim for discrimination, a Title 38 lawyer from Snider & Associates, LLC can help. You deserve to feel comfortable at work without risk of losing your license. Our team will investigate your situation and support your case from start to finish.
Who Are Title 38 Employees?
Employees fully appointed under Title 38 usually include physicians, registered nurses, physician assistants, dentists, chiropractors, optometrists, podiatrists, and expanded-function dental auxiliaries. There are some employees who may be partially appointed under Title 38 and partially appointed under Title 5. A few of these employees include:
- Physical therapists
- Pharmacists
- Social workers
- Respiratory therapists
- Audiologists
- Dieticians
Title 38 Employee Protection in the Workplace
Title 38 employees have similar protection in the workplace to other federal employees; however, they must seek a remedy for personnel actions in a different way.
Title VII of the Civil Rights Act of 1964 protects all federal employees from discrimination and retaliation at work. The Age Discrimination in Employment Act, the Whistleblower Protection Act, and the Administrative Procedures Act also protect all federal employees.
The protection of these federal statutes can help Title 38 employees defend themselves against personnel actions when going through the disciplinary appeals process.
Title 38 Disciplinary Appeals Board
Title 38 employees can’t go through the Merit Systems Protection Board to appeal personnel actions, which gives employers more power to file adverse actions against these employees. When an employer files an adverse action, an employee under Title 38 must go through the Disciplinary Appeals Board.
Adverse actions that go to the Disciplinary Appeals Board include reductions in grade, reductions in basic pay, suspensions, transfers, and discharges that occur because of an employee’s professional conduct or competence involving direct patient care or clinical competence.
Title 38 employees can file a written notice of appeal to the board and request a hearing in front of the board. They must file this notice of appeal within thirty days of when their employer took the adverse action. Employees must send a copy of the appeal to the employer who took the adverse action.
The board will conduct a formal hearing in which both the employer and employee can bring forth evidence and witnesses. The board will make their final decision within forty-five days after they have completed the hearing.
Reach Out to a Title 38 Attorney
Understanding Title 38 and the disciplinary appeals process isn’t easy. If your employer has taken an adverse action against you or you need to file an unlawful conduct complaint against your employer, an experienced employment attorney can help. To speak with a Title 38 lawyer from Snider & Associates, LLC, call 410-653-9060 or fill out the contact form below to schedule a consultation.