Author: Becky Haugen

Titling. What?

Posted on by Becky Haugen

“Titled, Say What?”

By David P. Sheldon, Esq. & Ashleen M. Williams, Ph.D.

So, you left your previous duty station and, despite a bumpy departure due to an investigation, there were never any charges. Now at your new duty station and up for promotion, you find that during your intake screening you are not being detailed because you were “Titled.”

If you have been investigated for a crime such as theft, sexual assault, or another issue, you may have been titled. “Titling” is the indexing of a subject in national criminal databases like the Defense Central Index of Criminal Investigations (DCII) or the Army Crimes Record Center. Even if you were not charged with a crime or were later exonerated, you might have been titled because the standard is only “credible information.” This means that an investigating officer has wide discretion and can list your name in these databases simply on the basis of an investigation. In contrast, a criminal conviction requires proof beyond a reasonable doubt, a much higher standard than that required for titling.

How Do You Know If You Have Been Titled?

If a law enforcement agency—such as OSI, Army CID, or NCIS—places your name in the “title block” of their investigative report, you have been titled. Although titling may appear administrative or even benign, it can have significant adverse consequences for both your military and civilian career. For example, this information might surface during background checks, potentially resulting in the denial of job opportunities or visas.

Why Does It Matter If You Have Been Titled?

Your name remains in the database unless you can demonstrate that there was no credible evidence to justify the titling decision. Consequently, the decision to title someone may have long-lasting effects. Some examples include:

  • Security Clearances: Ongoing issues with clearance applications.
  • Employment Opportunities: Future job or visa applications may be affected.
  • Duration of Records: Nearly thirty agencies have access to databases like the DCII, and records are maintained for up to 40 years, meaning the “shadow of suspicion” could follow you for your entire career.

Options for Removing a Title

While challenging a titling decision is an uphill battle, all hope is not lost. Attorneys at the Law Offices of David P. Sheldon can help you obtain the information regarding your record and work to clear your name. The 2021 National Defense Authorization Act (NDAA) opened a pathway for service members to challenge a titling. Under the 2021 NDAA, a service member can request a correction, expungement, or removal of personally identifying information from a law enforcement or criminal investigative report, an index item or entry, or any other record maintained in connection with such a report.

The 2021 NDAA states that the following factors must be considered when challenging a title:

  1. Evidence: The extent or lack of corroborating evidence against the individual concerning the offense.
  2. Disciplinary Action: Whether any adverse administrative, disciplinary, judicial, or other actions were initiated.
  3. Outcome: The type, nature, and outcome of any actions taken.

Even though the military describes the decision to title as purely administrative, its long-term effects are very real. Our firm is committed to ensuring that your record accurately reflects the truth, so you don’t have to carry the burden of undue suspicion.

About the Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon is dedicated to protecting the rights of service members and civilians alike. With years of experience in administrative law and criminal investigations, our team works tirelessly to assist those affected by erroneous titling and other related issues. Our mission is to help you clear your record, restore your reputation, and secure the future you deserve. We pride ourselves on a commitment to integrity, professionalism, and personalized legal advocacy.

Press Release: Landmark Settlement Reached in Cash v. U.S. Air Force Case

Posted on by Becky Haugen

Overview

In a significant development for federal employment rights, the U.S. Equal Employment Opportunity Commission (EEOC) has approved a comprehensive settlement agreement in the case of Cash v. U.S. Air Force (EEOC Docket No: 570-2024-00752X). The settlement resolves multiple claims of harassment, discrimination, and the creation of a hostile work environment by the complainant’s supervisor. The agreement is set to enhance fairness and accountability within federal workplaces.

Settlement Highlights

  • Monetary Relief:
    The settlement includes a compensatory award to the complainant, in addition to attorney’s fees and costs. This sum is part of a broader resolution under Title VII claims, distinct from wages.
  • Non-Monetary Remedies:
    The U.S. Department of the Air Force has agreed to expunge or remove all derogatory and erroneous information from the complainant’s official personnel files and performance evaluations. This includes the removal of records related to a Performance Improvement Plan and a Letter of Expectations and Counseling. In addition, the Agency will address related indebtedness issues to further mitigate the complainant’s professional records.
  • Release and Confidentiality:
    Under the terms of the agreement, the complainant has agreed to release all claims related to the discriminatory actions, and both parties have committed to maintaining the confidentiality of the settlement terms, unless legally mandated otherwise. Importantly, the agreement explicitly states that the settlement does not constitute an admission of liability by the Agency.
  • Implementation Timeline:
    The settlement will be executed within 45 days from the signing of the agreement, with regular updates provided in case of any delay, ensuring a transparent process moving forward.

Detailed Background

The dispute arose when Cash, a federal civilian employee, alleged multiple forms of discriminatory behavior by her supervisor. The claims detailed harassment based on race and age, as well as an overall toxic work environment that created significant professional challenges. After rigorous negotiations and a joint settlement motion, both parties have agreed to the above terms in a bid to resolve the matter amicably and restore a respectful work environment.

About the Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon, P.L.L.C. is a renowned legal practice dedicated to representing individuals in matters of federal employment law. With decades of experience and a strong commitment to advocating for employees’ rights, the firm has successfully handled complex cases involving discrimination, harassment, and workplace injustices. Their expert legal team, led by David P. Sheldon, is recognized for its thorough, strategic approach to litigation and settlement negotiations, ensuring that clients receive fair treatment and justice in every case.

For more information or media inquiries, please contact:
Address: 100 M St. SE, Ste 600, Washington, DC 20003
Tel: 202.546.9575
MilitaryDefense.com

 

Defending Privileging: What’s at Stake for Medical Practitioners?

Posted on by Becky Haugen

What Is Privileging and Why Does It Matter?

Privileging is the process that grants professionals—such as service members, medical practitioners, and federal employees—the authority to perform specific duties within their organizations. For medical providers, it allows them to practice within military or federal hospitals, while for public health professionals, it ensures their ability to work in federal facilities. Losing this privilege can mean being unable to work, losing income, and potentially forfeiting years of service toward retirement.

Key Areas Where Privileges Can Be Revoked

  1. Clinical and Professional Misconduct

Medical and psychological practitioners can lose their privileges due to accusations of clinical negligence, malpractice, or ethical violations. These accusations may stem from patient complaints, workplace conflicts, or administrative errors. Without due process, these allegations can lead to the loss of credentials, barring them from practice.

  1. Administrative and Credentialing Issues

Failure to maintain updated certifications, licensure, or comply with training requirements can trigger a privileging review. Federal and military medical facilities impose strict compliance guidelines, and any lapse can result in revocation.

  1. Behavioral and Psychological Evaluations

Military personnel and healthcare workers may undergo fitness-for-duty evaluations. A determination of impairment—whether due to stress, mental health concerns, or substance use—can lead to suspension or permanent loss of privileging.

  1. Security Clearance and Allegations of Misconduct

Service members and federal healthcare providers working in secure facilities must maintain security clearances. Any accusations of misconduct, including financial irresponsibility, substance abuse, or workplace conflicts, can impact their ability to continue working in their respective fields.

  1. Adverse Employment Actions and Political Retaliation

For federal employees, adverse privileging actions can be tied to workplace disputes, whistleblowing, or political retaliation. Losing privileges due to an employer’s allegations—whether substantiated or not—can jeopardize not just their career but also their pension and federal employment benefits.

The Far-Reaching Consequences of Losing Privileges

Losing privileges impacts service members, public health professionals, and medical practitioners in multiple ways:

  • Loss of Income – Without clinical or operational privileges, professionals can be removed from patient care and duty assignments, significantly reducing their earnings.
  • Denial of Access to Facilities – Revoked privileging bars individuals from using government or military medical facilities, limiting their ability to practice.
  • Retirement and Benefits at Risk – Federal employees and military personnel facing privileging actions may lose their ability to accrue time toward retirement, potentially forfeiting pensions and benefits.
  • Career Stagnation and Reputational Damage – A privileging revocation can be career-ending, making it difficult to secure employment elsewhere, especially in federal or military sectors.

How the Law Offices of David P. Sheldon Fights for Your Rights

When professionals face adverse privileging actions, they need a strong legal defense to challenge allegations and restore their rights. The Law Offices of David P. Sheldon, located in Washington, D.C., specializes in representing military service members, public health professionals, and federal employees who are at risk of losing their privileges.

Our Proven Track Record

  • Successfully challenging privileging revocations in military and federal healthcare facilities.
  • Representing professionals in administrative hearings and appeals.
  • Advocating for reinstatement of security clearances and credentials.
  • Protecting federal employees from wrongful termination and benefits loss.

If you are facing a privileging issue, don’t wait until it’s too late. Contact the Law Offices of David P. Sheldon today to defend your career and secure your future.

About The Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon is a premier military law firm dedicated to defending the rights of service members and veterans. With over 20 years of experience, David P. Sheldon and his team specialize in military discharge upgrades, corrections to military records, court-martial defense, and appeals before military review boards. Their firm has successfully helped countless active duty, reservists and veterans restore their honor, benefits, and rightful recognition of service.

If you’re a uniformed or non-uniformed military member with an “other than honorable” discharge or an active service member facing administrative challenges, now is the time to act. The Law Offices of David P. Sheldon can provide expert legal guidance to ensure your case is handled effectively before any policy changes take effect.

For more information, visit www.militarydefense.com or call (202) 546-9575 to schedule a consultation.

The High Stakes of Security Clearance Issues for Federal Employees and Contractors

Posted on by Becky Haugen

The High Stakes of Security Clearance Issues for Federal Employees and Contractors

For federal employees and government contractors, holding a security clearance is often a prerequisite for employment. However, when a clearance is under investigation, suspended, or revoked, the consequences can be severe, affecting both job stability and future career opportunities. The Law Offices of David P. Sheldon, based in Washington, DC, has extensive experience assisting individuals in navigating security clearance challenges and appeals.

Employment Implications of Security Clearance Issues

When a security clearance is under investigation or suspended, the immediate consequence is often the loss of access to classified information. Many federal positions and contractor roles require active clearances, and without them, employees may be placed on unpaid leave, reassigned to non-classified roles (if available), or even terminated. Contractors, whose work is frequently contingent upon an active clearance, often face immediate job loss.

Moreover, a revoked clearance can have long-term repercussions, making it difficult to secure new employment within federal agencies or government-related industries. Without a clearance, individuals may be ineligible for roles that align with their expertise and previous experience, significantly impacting their earning potential.

Limitations in Seeking Additional Contracts or Employment

Once a security clearance is revoked, securing new employment in the defense, intelligence, or other classified sectors becomes challenging. Many job postings explicitly require an active clearance, and even if an individual attempts to reapply for a position, past revocations can surface in background checks, raising red flags for potential employers. Additionally, clearance issues may delay or entirely prevent individuals from securing new contracts, which is particularly problematic for independent contractors and consultants reliant on government work.

Common Causes for Security Clearance Investigations and Revocations

Several factors can trigger a security clearance investigation, suspension, or revocation, including:

  • Financial Issues: Significant debt, delinquent payments, or bankruptcy may raise concerns about financial stability and susceptibility to coercion.
  • Criminal Conduct: Arrests, charges, or convictions can indicate a risk to national security.
  • Foreign Influence: Close ties to foreign nationals or financial interests in foreign entities can be seen as potential threats.
  • Substance Abuse: Drug and alcohol misuse can lead to concerns about reliability and judgment.
  • False Statements: Providing misleading or false information during the clearance process can result in immediate disqualification.
  • Unauthorized Information Handling: Mishandling classified information or violations of security protocols can prompt clearance suspension.
  • False Statements by Others: Malicious or incorrect allegations made by colleagues, supervisors, or others can lead to clearance reviews and revocations.
  • Political Retribution: In some cases, changes in administration or shifts in political climate can lead to clearance reviews as a form of retaliation.
  • Allegations of Inappropriate Use of Access: Claims of misuse of classified information, even if unfounded, can trigger investigations and clearance suspension.
  • Changes in Administration: Transitions in government leadership can bring policy shifts that impact clearance statuses, leading to reevaluations or revocations.

Appealing a Security Clearance Revocation

Individuals facing a clearance suspension or revocation have the right to challenge the decision. The appeals process typically involves:

  1. Receiving a Statement of Reasons (SOR): The agency outlines the reasons for the adverse clearance decision.
  2. Responding to the SOR: The individual must submit a written rebuttal with supporting evidence and mitigating factors.
  3. Requesting a Hearing: If the initial response is unsuccessful, a formal hearing before an administrative judge may be necessary.
  4. Further Appeals: If the judge upholds the revocation, additional appeals may be made through agency-specific processes or the Defense Office of Hearings and Appeals (DOHA).

For cases involving false statements by others, political retribution, or inappropriate allegations, individuals may need additional legal strategies, such as filing grievances through their agency, requesting independent investigations, or seeking whistleblower protections. In politically motivated cases, legal arguments demonstrating due process violations or retaliation may be necessary. The Law Offices of David P. Sheldon provides experienced legal counsel to individuals navigating security clearance issues, ensuring their rights are protected and that they have the best possible chance of retaining or regaining clearance status.

About the Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon, located in Washington, DC, is a premier legal firm dedicated to defending military service members, federal employees, and government contractors. With decades of experience, our firm specializes in military law, security clearance appeals, and administrative hearings, advocating for the careers and livelihoods of those who serve and support our nation’s security infrastructure.

For legal assistance with security clearance issues, contact us today at www.militarydefense.com.

Recent High-Profile Security Clearance Revocations:

  1. Revocation of Perkins Coie Law Firm’s Security Clearances (March 2025): President Trump signed an executive order suspending security clearances for employees of Perkins Coie, a law firm that played a key role in commissioning the Steele dossier regarding Trump’s alleged interactions with Russia. This action was part of Trump’s broader strategy to retaliate against perceived adversaries. ​axios.com
  2. Revocation of Security Clearances for Attorneys Associated with Special Counsel Jack Smith (February 2025): President Trump revoked the security clearances of employees at the law firm Covington & Burling, who had provided pro bono services to former special counsel Jack Smith. This move was perceived as a response to the legal challenges Trump faced during his previous term. ​nypost.com
  3. Revocation of Retired General Mark Milley’s Security Clearance (January 2025): Defense Secretary Pete Hegseth, under President Trump’s direction, suspended the security detail and clearance of retired General Mark Milley, former Chairman of the Joint Chiefs of Staff. This action followed allegations of disloyalty and was part of a series of measures targeting former officials perceived as adversaries. ​axios.com
  4. Revocation of Security Clearance for Australian Defense Force Officer (February 2025): An Australian Army officer was stripped of his security clearance due to concerns about his loyalty to Israel over Australia. The officer admitted he did not regard Israel as a foreign government and would share classified information if requested by the Israeli Defense Forces. ​theguardian.com
  5. Revocation of Security Clearances for Former Intelligence Officials (January 2025): President Trump announced plans to revoke the security clearances of over four dozen former intelligence officials who had signed a letter in 2020 suggesting that the controversy surrounding Hunter Biden’s laptop bore signs of a Russian information operation. ​apnews.com

The Legal Path to Commissioning when facing disenrollment from ROTC

Posted on by Becky Haugen

Disenrollment from ROTC can have significant consequences, including financial obligations and the potential derailment of a military career. In this post we outline the basis of disenrollment, the implications for affected cadets, and legal strategies to contest such actions by referencing successful advocacy and helping ROTC cadets defend their disenrollment.

First, let’s look at the basis for ROTC disenrollment. Disenrollment from ROTC can occur for various reasons, including but not limited to:

  • Alleged lack of interest or indifferent attitude toward military training.
  • Frequent absences, whether excused or unexcused.
  • Failure to meet physical fitness or weight control standards.
  • Violations of military or institutional policies.

In many cases, disenrollment is initiated through a formal process involving review boards and hearings. The burden is often on the cadet to rebut the allegations and demonstrate continued eligibility for the program. This is where having a solid defense to know how to refute disenrollment is critical in maneuvering the path of overcoming disenrollment.

Ramifications of Disenrollment

  1. Financial Consequences: Cadets disenrolled from ROTC, particularly those on scholarship, may be required to repay tuition assistance or serve active duty in an enlisted status as a form of recoupment.
  2. Impact on Military Career: A disenrollment may prevent a cadet from commissioning as an officer, effectively terminating their path to a military career.
  3. Academic and Professional Consequences: A cadet close to graduation may face difficulties completing their degree without the financial support and structure provided by ROTC.
  4. Stigma and Record Implications: A disenrollment can be reflected in military and academic records, potentially affecting future career opportunities both within and outside the military.

Legal Representation and Defense Strategies

The Law Offices of David P. Sheldon has a strong track record in successfully supporting cadets in defending their case in ROTC disenrollment. While an attorney is often disallowed from being in the actual hearing, we vigorously support the cadet in being fully purposeful and prepared for the hearing. The steps we take with the cadet include:

  • Pre-Hearing Preparation: Gathering evidence, securing character references, and formulating a strong defense narrative.
  • Regulatory and Procedural Challenges: Identifying procedural errors in the disenrollment process that may invalidate the action.
  • Demonstrating Leadership and Commitment: Presenting the cadet as a future officer capable of upholding military values and responsibilities.
  • Advocacy in Hearings: Legal representation ensures that cadets are well-prepared and that their rights are upheld throughout the proceedings.

The Law Offices of David P. Sheldon have successfully defended numerous ROTC cadets against disenrollment, often resulting in cadets being reinstated into their programs, completing their academic requirements, and ultimately commissioning. Our extensive experience in military law and dedication to protecting service members’ rights makes us a premier choice for those facing disenrollment challenges.

Cadets facing ROTC disenrollment should take immediate action to understand their rights and explore all available options for appeal. Given the high stakes involved, securing experienced legal representation is critical. The Law Offices of David P. Sheldon consistently demonstrate the ability to defend ROTC cadets effectively, ensuring that due process is followed and that cadets have the best chance of overturning decisions. Any cadet in this position is strongly advised to seek professional legal counsel to safeguard their future military and professional aspirations.

About The Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon is a premier legal firm specializing in military and federal employment law. With decades of experience advocating for service members, veterans, and federal employees, the firm is dedicated to protecting the rights of those who serve. From MSPB appeals to federal court litigation, the firm provides comprehensive legal representation to individuals facing wrongful termination, reduction in force (RIF) actions, and benefit disputes. If you or someone you know has been affected by the recent federal workforce reductions, The Law Offices of David P. Sheldon stands ready to help. Contact the firm today to explore your legal options and defend your rights.

For more information, please visit www.militarydefense.com or contact the firm at:

Law Offices of David P. Sheldon, PLLC
100 M Street, S.E., Suite 600
Washington, DC 20003
Phone: (202) 546-9575
Fax: (202) 546-0135

Unraveling the Safety Net: The Impact of Federal Layoffs on Disaster Response and Veterans’ Services

Posted on by Becky Haugen

The recent mass terminations initiated by the Department of Government Efficiency (DOGE) have sent shockwaves through the federal workforce, disproportionately affecting veterans, U.S. Public Health Service (USPHS) officers, and essential government employees. These abrupt layoffs not only threaten the livelihoods of dedicated public servants but also undermine critical government functions, including disaster response, public health initiatives, and national security preparedness.

These terminations highlight the erosion of institutional knowledge, the impact on emergency response capabilities, and the alarming loss of benefits for those who have dedicated their lives to serving the country.

Veterans and Federal Service: A Fragile Relationship

For decades, federal employment has served as a crucial avenue for veterans transitioning to civilian life. Many rely on these roles for stability, career growth, and access to benefits tied to their years of service. However, DOGE’s recent workforce reductions have disproportionately targeted veterans, stripping them of job security, health benefits, and earned retirement contributions.

One of the major concerns raised by affected individuals is the lack of clarity in the termination process. Federal employees were dismissed despite outstanding performance evaluations and decades of dedicated service. Many were caught off guard by termination notices received via email, which effectively locked them out of government systems before they could retrieve personnel employment records.

Implications for National Disaster Preparedness

The mass layoffs extend beyond personal hardships—they severely hinder the government’s ability to respond to catastrophic events. Veterans and USPHS officers, many of whom specialize in emergency response and public health crisis management, are vital assets in times of national crises. The termination of experienced professionals weakens disaster preparedness efforts and leaves the nation vulnerable in situations requiring immediate government intervention.

For instance, one of the officers impacted by the terminations played a leading role in coordinating responses to measles outbreaks in Texas and border health security. The dismissal raises questions about how the government plans to maintain public health initiatives without seasoned professionals in key positions.

The Legal Battle: A Fight for Reinstatement

As these terminations unfold, legal battles are emerging, with many affected employees seeking recourse through the Merit Systems Protection Board (MSPB) and federal courts. However, the process is neither simple nor swift. Many former federal employees have found that their veteran status does not afford them the protections they expected in cases of reduction in force (RIF).

Law firms specializing in federal employment disputes are now representing groups of affected workers, advocating for reinstatement and back pay. While some agencies have begun reinstating terminated employees following legal challenges, others, such as the Department of Health and Human Services (HHS), have taken a stance to let court proceedings determine the outcome.

One such firm leading the charge is The Law Offices of David P. Sheldon. With a deep understanding of military and federal employment law, the firm is actively supporting affected members in defending their rights. They are assisting former federal employees in filing MSPB appeals, navigating reinstatement requests, and pursuing legal action to recover lost wages and benefits. For those facing wrongful termination, seeking experienced legal counsel is a crucial step toward justice.

A Disjointed Bureaucracy: Inconsistent Policies on Veterans’ Rights

One of the more troubling aspects of these terminations is the inconsistent treatment of veterans within the federal workforce. While veterans qualify for preference in hiring, many do not receive the same protection when facing workforce reductions. Some terminated USPHS officers found that their years of service counted toward retirement but not toward probationary periods, effectively disqualifying them from reinstatement appeals.

This discrepancy highlights a fundamental flaw in the system—one that must be addressed to ensure that those who have dedicated their lives to public service are not left in limbo when policies shift.

Broader Consequences for Federal Agencies and Public Trust

The broader implications of DOGE’s actions go beyond individual hardship. The mass layoffs erode public trust in government institutions, weaken essential services, and create uncertainty for current and future federal employees. The perception that even high-performing, long-serving employees can be abruptly dismissed without recourse may deter top talent from pursuing federal careers, further diminishing the government’s ability to attract and retain skilled professionals.

A Call for Transparency and Reform

As affected federal employees navigate legal channels, it is crucial for policymakers to address the structural issues that have allowed these terminations to take place with such devastating consequences. Transparency in the layoff process, stronger protection for veterans and public health professionals, and a reassessment of federal workforce policies are necessary steps toward rebuilding trust and restoring stability.

For those impacted, the fight is far from over. Advocacy groups, legal experts, and affected individuals continue to push for reforms that will protect future generations of federal employees from experiencing similar injustices. The question remains: will policymakers act before the damage becomes irreversible?

About The Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon is a premier legal firm specializing in military and federal employment law. With decades of experience advocating for service members, veterans, and federal employees, the firm is dedicated to protecting the rights of those who serve. From MSPB appeals to federal court litigation, the firm provides comprehensive legal representation to individuals facing wrongful termination, reduction in force (RIF) actions, and benefit disputes. If you or someone you know has been affected by the recent federal workforce reductions, The Law Offices of David P. Sheldon stands ready to help. Contact the firm today to explore your legal options and defend your rights.

For more information, please visit www.militarydefense.com or contact the firm at:

Law Offices of David P. Sheldon, PLLC
100 M Street, S.E., Suite 600
Washington, DC 20003
Phone: (202) 546-9575
Fax: (202) 546-0135

References

The Musk-Trump War on Federal Employees Doesn’t Add Up

Disabled veteran, laid off from VA, to join Schumer at Trump speech

Over 1,000 protest NOAA scientist layoffs in Colorado

Project 2025 Seeks to Dismantle Agencies, Terminate Up To 1 Million Federal Workers

Mass Firing of Federal Workers Endangers Economy, Public Services

ChatGPT. “Collateral Damage: How DOGE’s Workforce Cuts Threaten Veterans’ Benefits and Public Safety.” Last modified March 4, 2025. MilitaryDefense.com

The Fight for Federal Job Security: Trump, the Courts, and the Limits of Power

Posted on by Becky Haugen

The Fight for Federal Job Security: Trump, the Courts, and the Limits of Power

The recent legal battle surrounding President Donald Trump’s attempt to dismiss Hampton Dellinger, head of the Office of Special Counsel (OSC), has spotlighted the intricate balance between presidential authority and federal workers’ protections. This case underscores the legal frameworks that safeguard federal employees from arbitrary dismissal, ensuring the integrity of public service roles.

Legal Protections for Federal Employees

Federal employees are shielded by a series of statutes designed to promote a merit-based civil service system. The Civil Service Reform Act of 1978 is foundational, prohibiting unfair personnel practices and establishing that dismissals must be for cause, such as inefficiency, neglect of duty, or malfeasance. Additionally, Title VII of the Civil Rights Act protects employees from discrimination based on race, color, religion, sex, or national origin. These laws collectively ensure that federal workers are not subjected to arbitrary actions and can perform their duties without undue political influence.

The Case of Hampton Dellinger

Appointed by President Joe Biden in 2024 for a five-year term, Hampton Dellinger led the OSC, an independent agency responsible for investigating whistleblower complaints and safeguarding federal employees from prohibited personnel practices. On February 7, 2025, the Trump administration attempted to terminate Dellinger without citing the specific causes mandated by law. In response, Dellinger challenged the dismissal, asserting that it violated statutory protections designed to uphold the OSC’s independence.

Judicial Response and Implications

U.S. District Judge Amy Berman Jackson ruled that Dellinger’s removal was unlawful, emphasizing that the OSC’s independence is crucial for its function. She noted that allowing the president to arbitrarily remove the Special Counsel could undermine the agency’s role in protecting federal employees from unethical practices. This decision reinforces the legal boundaries set to prevent undue political interference in federal oversight agencies.

Broader Context and Worker Protections

This case is part of a broader discourse on the extent of presidential power over federal appointments and the protection afforded to civil servants. The outcome may influence future interpretations of the balance between executive authority and the statutory safeguards that ensure a non-partisan, merit-based federal workforce. It highlights the judiciary’s role in upholding these protections, ensuring that federal employees can execute their duties without fear of unjust termination.

Conclusion

The attempt to dismiss Hampton Dellinger underscores the importance of legal frameworks that protect federal employees from arbitrary actions. These protections are vital for maintaining the integrity and independence of public service roles, ensuring that federal agencies operate free from undue political influence. As this case progresses, it will serve as a critical reference point for understanding and reinforcing the boundaries of executive power concerning federal employment.

Sources

Civil Service Reform Act of 1978

Title VII of the Civil Rights Act

Details on Dellinger’s appointment and the attempted dismissal

Judge Amy Berman Jackson’s ruling

CNN on U.S. District Judge Amy Berman Jackson’s Ruling

OpenAI. 2025. “Firing Federal Workers: The Legal Battle Over Presidential Power and Worker Protections.” ChatGPT, March 3, 2025. https://chat.openai.com.

Legal Action on Behalf of Retired USPHS Member Challenging Injustice in Federal Public Health Service Record Correction Case

Posted on by Becky Haugen

FOR IMMEDIATE RELEASE

Law Offices of David P. Sheldon, PLLC Files Legal Action Challenging Injustice in Public Health Service Record Correction Case

Washington, D.C. – February 28, 2025 – The Law Offices of David P. Sheldon, PLLC, a premier law firm specializing in military and federal employment law, has filed a lawsuit on behalf of a distinguished former officer of the United States Public Health Service (PHS) Commissioned Corps. The complaint, filed in the United States District Court for the District of Columbia, challenges a federal agency’s refusal to grant relief despite findings of injustice by an official military correction board.

Represented by Dylan Thayer, a federal litigator, the plaintiff—an officer with the rank of Commander—seeks to overturn a decision by the Program Support Center Director that disregarded evidence of wrongful termination and procedural violations. The lawsuit asserts that the officer was unfairly separated from service despite a military records board’s acknowledgment that her supervisors failed to address critical signs of an underlying medical condition.

“This case exemplifies a fundamental failure to ensure justice for those who have dedicated their careers to public service,” said attorney Dylan Thayer. “Despite a finding of injustice by the Board for Correction of PHS Commissioned Corps Records, the final decision-maker arbitrarily denied relief, disregarding both the evidence and the governing legal standards.”

The lawsuit contends that the agency’s decision violated federal law, failed to correct a clear injustice, and deprived the officer of due process rights under the Fifth Amendment of the U.S. Constitution. The plaintiff is seeking a remand of the case to the Board for a lawful review that adheres to applicable statutes and regulations.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., is a nationally recognized firm specializing in military law, federal employment disputes, security clearance matters, and appellate litigation. With a track record of successfully advocating for service members, veterans, and federal employees, the firm remains committed to securing justice for those who serve our nation.

For more information, please visit www.militarydefense.com or contact the firm at:

Law Offices of David P. Sheldon, PLLC
100 M Street, S.E., Suite 600
Washington, DC 20003
Phone: (202) 546-9575
Fax: (202) 546-0135

Department of Defense Policy on Transgender Service Members

Posted on by Becky Haugen

 Department of Defense Policy on Transgender Service Members

The recently issued Department of Defense (DoD) memorandum dated February 26, 2025, which effectively reverses prior policies allowing transgender individuals to serve openly in the military, raises significant legal and constitutional concerns. The stated rationale for this new policy—asserting that a history of gender dysphoria or related medical treatments is incompatible with military service—appears to be a broad and categorical exclusion rather than an individualized assessment of fitness for duty.

As legal advocates for military service members, veterans, and those facing adverse administrative actions, the Law Offices of David P. Sheldon strongly opposes policies that impose blanket bans on service members based on characteristics unrelated to individual merit, performance, and capability. The U.S. District Court has previously expressed skepticism toward similar policies, noting that they amount to “total discrimination,” rather than a justifiable regulation tied to military readiness or operational effectiveness.

The Constitution, particularly the Equal Protection Clause of the Fifth Amendment, prohibits the government from engaging in arbitrary discrimination. A policy that broadly excludes individuals with gender dysphoria from service—without consideration of their actual abilities, medical history, or demonstrated service performance—risks violating fundamental constitutional protections. Federal courts have previously struck down similar categorical exclusions for lacking a sufficient rational basis, particularly when they serve primarily to target a politically vulnerable group rather than advancing legitimate governmental interests.

Furthermore, the policy’s immediate effect on transgender service members raises serious concerns about due process and the fairness of administrative separations. Service members who were previously allowed to serve openly and receive necessary medical care now face potential involuntary discharge or denial of medical treatment, despite their proven dedication and fitness for service. These actions could also conflict with existing military regulations that require individualized medical assessments and due process protections for those facing administrative separation.

In practical terms, this policy threatens to undermine military readiness rather than enhance it. The DoD has invested significant resources in training and integrating transgender service members under prior policies. Removing qualified individuals from service without cause unrelated to performance or conduct disregards the military’s stated mission of maintaining a highly capable and diverse fighting force.

The Law Offices of David P. Sheldon stands ready to challenge this policy through all available legal avenues, advocating for service members who are unjustly targeted under its provisions. We urge Congress, the courts, and military leadership to recognize that discrimination—under any pretext—undermines both national security and the core principles of fairness and equality that define our armed forces.

About the Law Offices of David P. Sheldon
The Law Offices of David P. Sheldon is a premier military law firm based in Washington, D.C., dedicated to defending the rights of service members, veterans, and federal employees. With extensive experience in military administrative and criminal defense, our firm represents clients in courts-martial, discharge upgrades, security clearance cases, and other military-related legal matters. We are committed to upholding justice and ensuring fair treatment for those who serve our nation.

To consult with the experienced Washington, DC based Military Attorneys at the Law Offices of David P Sheldon, PLLC contact our office at (202) 546-9575 or visit www.militarydefense.com, or request a consultation.