Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

May 2019 Archives

Developments at the EEOC: P&K Wins Enforcement of Breached Settlement

Developments at the EEOC: On May 8, 2019, the Equal Employment Opportunity Commission's Office of Federal Operations (OFO) issued its decision in Lidia B. v. Dept. of Veterans Affairs, EEOC Appeal No. 2019001712. Lidia B. involved a settlement agreement where the Agency had agreed to reassign Complainant Lidia B. to a specific office where Complainant was on detail, to be accompanied by a transfer of Complainant's full-time equivalent (FTE), and a recredit of Complainant's leave. After the settlement agreement was signed, the Agency then unilaterally declared the settlement agreement void on grounds of alleged mutual mistake, claiming that there was no position to reassign Complainant to in the receiving office (because the Agency hadn't moved over Complainant's FTE yet). The Agency took back Complainant's leave recredit and unilaterally reinstated Complainant's EEO complaint for processing. Complainant timely petitioned to enforce the breached settlement agreement, and further amended in a new claim while OFO was considering Complainant's Petition for Enforcement. OFO agreed with Complainant, finding that no mutual mistake had occurred, and therefore the Agency was bound to implement the terms of its settlement agreement. OFO accordingly declared the settlement agreement reinstated and ordered the Agency to implement all remedies in the settlement. OFO ordered the Agency to update its claims processing for the reinstated EEO complaint to reflect that the original claim was settled, with processing to continue on Complainant's later-amended claim (which was outside the scope of the settlement agreement). OFO further ordered the Agency to pay Complainant's reasonable attorneys' fees and costs.

News from Passman & Kaplan: Washington DC Super Lawyers Magazine Again Names P&K Founding Principal Joseph V. Kaplan On Its List Of "Super Lawyers" In Employment And Labor Law

News from Passman & Kaplan: Washington DC Super Lawyer Magazine has again named Passman & Kaplan Founding Principal Joseph V. Kaplan among its list of "Super Lawyers" in the field of Employment and Labor Law, for the 12th year in a row. According to the magazine, candidates for selection are evaluated by a panel of peers in their primary area of practice. Candidates are evaluated on 12 factors of peer recognition and professional achievement. Mr. Kaplan, who had previously been named as a Super Lawyer every year since 2008 said that he was "gratified to once again be recognized by my peers for this honor."

News from Passman & Kaplan: Edward H. Passman in the News

News from Passman & Kaplan:  P&K Founding Principal Edward H. Passman was recently interviewed by the New York Times and by CNN.  The interviews related to the testimony of Carl Kline, the former director of the White House's Personnel Security Office, before the House Committee on Oversight and Reform, in connection with the claims of P&K client Tricia Newbold against the Executive Office of the President, Office of Administration.  Ms. Newbold's claims have been previously discussed in greater detail in this blog. Ms. Newbold is represented by Mr. Passman.

News from Passman & Kaplan: P&K Founding Principal Joseph V. Kaplan To Be Presenter at the EEOC's "EXCEL" Conference July 30-August 1, 2019

News from Passman & Kaplan:  Passman & Kaplan Founding Principal Joseph V. Kaplan has again been invited by the U.S. Equal Employment Opportunity Commission (EEOC) to be a presenter at its annual EXCEL Conference. The EXCEL Conference, to be held July 30-August 1, 2019 in Atlanta, GA, has as its target audience federal agency EEO attorneys and labor relations representatives, EEO officials, human resource professionals, union officials and private attorneys. Mr. Kaplan will present two programs, "Hold Your Tongue: The First Amendment and Employee Speech" and "Reprisal: Know It! Avoid it!", and will participate in a panel discussion, "It's a Mixed-Up World: Understanding Mixed Cases."   For more information, check out the EEOC's web page for the EXCEL Conference.

News from Passman & Kaplan: P&K Founding Principals Named Leading Plaintiff Employment Lawyers

News from Passman & Kaplan:   Lawdragon has named P&K Founding Principals Edward H. Passman and Joseph V. Kaplan to its 2019 list of 500 Leading Plaintiff Employment Lawyers.   Lawdragon describes this second annual list as "a stellar collection of lawyers from coast to coast who have dedicated their careers to protecting workers and unions" who were selected "through submissions, research and journalistic vetting."  Mr. Passman and Mr. Kaplan also appeared in Lawdragon's first list of 500 Leading Plaintiff Employment Lawyers in 2018. 


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