Category: Firm News

Nicholas Roberts, Ph.D. Joins the Law Offices of David P. Sheldon, PLLC

Posted on by Becky Haugen

Nicholas Roberts, Ph.D Law Clerk

We are proud to announce that Nicholas Roberts has joined the Law Offices of David P. Sheldon, PLLC. A J.D. Candidate at Case Western Reserve University School of Law, Nicholas recently served as one of only twenty-five first-year law students nationwide selected for the prestigious U.S. Army JAG Corps summer program, where he gained hands-on courtroom experience with the 1st Cavalry Division at Fort Hood, Texas.

With a Ph.D. in History and years of teaching and mentoring at Norwich University, Nicholas brings a global perspective, sharp analytical skills, and a client-centered approach to his work. His unique blend of military, academic, and legal experience allows him to support service members, veterans, and federal employees with both expertise and empathy. We are excited to have Nicholas on our team and know his dedication will make a meaningful difference for our clients.

#MilitaryLaw #Veterans #FederalEmployees #Welcome

VA to Terminate Collective Bargaining Agreements

Posted on by Becky Haugen

Veteran Affairs Cancels Contracts for Collective Bargaining

 

A federal appeals court on August 1, 2025 allowed 21 agencies—including Justice, State, Defense, Treasury, and Health & Human Services to end collective bargaining agreements. They ruled delaying the executive order would have hurt operations, and they saw no explicit anti-union intent. Now, VA has just taken this even further: on August 6, it formally terminated collective bargaining agreements for most VA bargaining-unit employees—except police, firefighters, and other security staff—as permitted under the same executive order. The VA argued this will let staff spend more time serving veterans and help managers promote strong performers and address poor performance—using funds and time formerly devoted to union activities instead

What the Court and VA Action Mean

  • Federal agencies now have the legal green light to cancel union contracts and set working conditions without union negotiation.
  • VA’s move means most union protections are gone, putting federal workers in more vulnerable positions.
  • This comes amid broader RIFs and staffing changes—many employees may face reassignments or termination with fewer channels to challenge decisions.

Why This Matters to You

If you’re a federal or VA employee:

  • You may no longer have union protections for grievance processes, job security, or discipline.
  • These changes happen at a time when many agencies are already cutting jobs or restructuring under secretive RIF processes.
  • It’s now even more critical to know your rights, keep detailed records, and seek legal help when your work status changes—especially for those affected by RIFs or disciplinary actions.

About the Law Offices of David P. Sheldon, PLLC:
The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., is dedicated to providing exceptional legal representation to military service members and federal employees facing legal challenges. Specializing in military justice, veterans’ rights, and federal employment law, we are committed to advocating for the rights and well-being of our clients. For more information, please visit our website at www.militarydefense.com.

Event Reminder

 

Disclaimer: This article is for informational purposes and does not form an attorney-client relationship. Please consult an attorney for personalized legal advice.

 

Sources Cited

  • Appeals Court lifts injunction on ending federal bargaining rights Reuters
  • VA terminates collective bargaining contracts for most bargaining-unit employees VA Press

Federal Employment Law Virtual Town Hall on Monday, August 19 at 2:00 PM ET

Posted on by Becky Haugen

Federal Employment Town Hall Hosted by MLPN August 19, 2025

Attorney David P. Sheldon and Annie Morgan to Join Expert Panel for Federal Employment Law Zoom Town Hall on August 19, 2025 @ 1 PM CT/2 PM ET for Virtual Town Hall

Question and Answer Panel for MLPN

David P. Sheldon, founding attorney at the Law Offices of David P. Sheldon, PLLC, and Annie Morgan, Senior Military Attorney at the firm, will speak on a national expert panel during a Federal Employment Law Virtual Town Hall on Monday, August 19 at 2:00 PM EST. The event, hosted by the Military Law Practitioners Network (MLPN).

The panel will address how ongoing legal developments, including agency-driven contract terminations and the erosion of union protections, are impacting job security, due process rights, and available legal remedies for federal workers.

Panelist Profiles

David P. Sheldon
As the founder of a nationally recognized federal and military law firm based in Washington, D.C., Mr. Sheldon has decades of experience representing service members and federal employees in complex legal forums, including MSPB, federal courts, and Boards for Correction of Military Records. He is a trusted advocate in RIF appeals, wrongful discharge, and employment record correction.

Annie Morgan
A Senior Military Attorney at the Law Offices of David P. Sheldon, Annie Morgan brings extensive litigation experience on behalf of service members and federal workers. Her work includes advocating before military boards and defending clients facing termination, discharge review, and misconduct allegations.

Published Resources & Articles By Law Offices of David P Sheldon, PLLC

  • Fighting for Your Rights as a Federal Employee: Challenging Unjust Terminations – Outlines procedural protections under Title 5, VEOA, and the MSPB, and action steps for RIF victims
  • Displaced Federal Workers: Preparing grievances and appeals, challenging improper RIFs – Best practices and timelines for appeals and legal avenues
  • Federal Employees Facing Wrongful Termination and Reinstatement – Advises on clearing personnel records, appeals, and preserving future benefits

Event Details: Federal Employment Law Q&A:  A Town Hall Meeting with David P. Sheldon, Law Offices of David P. Sheldon, PLLC, Washington DC

About the Law Offices of David P. Sheldon, PLLC

Established in Washington, D.C., this national firm specializes in military and federal employment law, advising service members, veterans, and federal employees on wrongful termination, RIF challenges, disability appeals, and record corrections. The firm’s experience spans MSPB, BCMR, federal courts, and administrative appeals  .

Contact & More Info:
Law Offices of David P. Sheldon, PLLC
100 M Street SE, Suite 600, Washington, DC 20003
(202) 546‑9575 • www.militarydefense.com

Disclaimer

This town hall is for informational and illustrative purposes only and does not establish an attorney-client relationship.  Attendees with individual legal needs are encouraged to consult a qualified attorney.

 

 

 

 

 

Federal Employee Protections Weaken as Federal Workers Lose Bargaining Rights

Posted on by Becky Haugen

Courts Allow for Cancelling Collective Bargaining

A recent court decision has made it harder for federal employees to protect their jobs and working conditions.

On August 1, 2025, a federal appeals court said that 21 federal agencies can cancel union contracts and take away employee bargaining rights. These rights helped workers speak up about unfair treatment, file complaints, and work with their agencies to solve problems. Now, those protections are at risk—especially for employees working in national security–related jobs like Defense, State, Treasury, and HHS.

This ruling comes at a time when many federal employees are already facing massive layoffs (called RIFs) and sudden changes in leadership. Some agencies have removed top officials, while others are quietly planning job cuts. This has made federal jobs more uncertain than ever.

What Did the Court Say?

The court allowed agencies to cancel collective bargaining agreements, which are like contracts between workers and their employers. These agreements often include:

  • Protections against unfair firings
  • Ways to challenge poor treatment
  • Rules about promotions and job assignments

Now, agencies can remove these protections without negotiating with unions.

Why It Matters

This ruling has real consequences:

  • You might not be able to challenge unfair treatment as easily.
  • Agencies can change your job, move you, or even fire you—without union help.
  • If you’ve been affected by a RIF, your chances to fight back could be more limited.

Even if you’re a good worker, your agency may cut your position or change your role without much notice. And with union protections weakened, you may have fewer tools to protect your rights.

What’s Being Done?

The Law Offices of David P Sheldon, PLLC in Washington, D.C., will speak at a national Federal Employment Law Town Hall on August 19. The event is hosted by the Military Law Practitioners Network (MLPN) and will offer legal insight for federal workers like you. David P Sheldon and Annie Morgan will be panelists at the Virtual Town Hall.

David P. Sheldon
As the founder of a nationally recognized federal and military law firm based in Washington, D.C., Mr. Sheldon has decades of experience representing service members and federal employees in complex legal forums, including MSPB, federal courts, and Boards for Correction of Military Records. He is a trusted advocate in RIF appeals, wrongful discharge, and employment record correction.

Annie Morgan
A Senior Military Attorney at the Law Offices of David P. Sheldon, Annie Morgan brings extensive litigation experience on behalf of service members and federal workers. Her work includes advocating before military boards and defending clients facing termination, discharge review, and misconduct allegations.

The Law Offices of David P Sheldon, PLLC has spent decades defending federal employees, veterans, and service members. The firm helps workers:

  • Challenge unfair RIFs
  • Appeal terminations
  • Clear their records
  • Fight for reinstatement and back pay

The upcoming panel will explain what your rights are, what the courts are doing, and how you can still protect yourself—even as the law changes.

What You Can Do Now

  • Know your rights – Even with union limits, laws like Title 5 and the Merit Systems Protection Board (MSPB) still offer protections.
  • Keep good records – Save emails, memos, and anything related to your job, duties, or changes in your position.
  • Talk to a lawyer – Especially if you were affected by a RIF or believe you were unfairly targeted.

Join the Free Town Hall Event

Monday, August 19, 2025
2:00 PM EST
Zoom (Virtual Event) Link
https://us02web.zoom.us/j/2604808511?pwd=R3lyWnFHUjc2eW5vR01RUXBUK2F0UT09&omn=81483855549

Meeting ID: 260 480 8511
Passcode: 1Rehvs

Hosted by the Military Law Practitioners Network (MLPN)
Submit your questions in advance!

 

About the Law Offices of David P Sheldon, PLLC

The firm is based in Washington, D.C. T fights for service members and federal workers in all forums—MSPB, federal courts, military boards, and more. If your job is on the line, he and his team know how to defend it.

Disclaimer: This opinion is for informational purposes only and does not create an attorney-client relationship. For legal advice specific to your case, speak with an attorney.

USPHS Commander Seeks Correction of Records After Disputed Reprimand and Denial of Relief by Surgeon General

Posted on by Becky Haugen

A U.S. Public Health Service (USPHS) Commander is fighting to restore the officer’s reputation and career following a reprimand, contending it was unjust, retaliatory, and issued outside the bounds of lawful authority. The case, filed with the Board for Correction of Public Health Service Commissioned Corps Records (BCMR), argues that the Letter of Reprimand (LOR) issued in October 2023, was procedurally and legally flawed.

Represented by attorney Annie Morgan of the Law Offices of David P. Sheldon, PLLC, the Commander’s filing asserts that the LOR was issued not only in violation of Commissioned Corps policy (CCI 211.04 and CCI 211.07) but was also motivated by retaliation after the officer raised concerns about understaffing and promotion irregularities within the Bureau of Health Services at the Eloy Detention Center.

According to the complaint, the officer formally requested relief through the Surgeon General’s redress process, submitting evidence of improper conduct, lack of authority by the issuing official, and violations of due process. But the Surgeon General, VADM Vivek Murthy, ultimately declined to grant relief, stating that “the evidence presented does not demonstrate a violation of law, executive order, regulation, or policy,” nor was the issuance “arbitrary and capricious.”

Attorney Morgan disputes this finding. “The facts clearly show that the reprimand was issued by someone without the lawful authority to do so. It followed weeks of the Commander raising staffing concerns and requesting help. Instead of support, the officer was punished for performing the duties assigned—and that’s precisely why the BCMR exists: to correct these injustices,” said Morgan.

The Commander’s petition to the BCMR requests:

  • Rescission of the LOR;
  • Expungement from the officer’s official record;
  • Restoration of lost specialty pay and backpay; and,
  • Any other equitable relief the Board finds appropriate.

The filing includes legal arguments grounded in the Administrative Procedure Act, Privacy Act, and internal USPHS regulations. The Commander also provided documentation showing that the decisions regarding patient scheduling were consistent with operational policy during a staffing shortfall—not acts of misconduct.

The case represents a broader concern for many USPHS officers navigating opaque disciplinary procedures that can derail careers, especially when whistleblowing or reporting internal issues.

About the Law Offices of David P. Sheldon, PLLC:
Located in Washington, D.C., the Law Offices of David P. Sheldon, PLLC is a premier military and federal employment law firm. With more than two decades of experience, the firm defends service members and federal employees in cases involving courts-martial, administrative separations, security clearances, and record corrections.

Disclaimer:
This release is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes will vary depending on specific facts and circumstances.

A Promising Career Delayed: PHS Officer Seeks Correction After Mischaracterized Interservice Transfer

Posted on by Becky Haugen

A decorated officer in the U.S. Public Health Service (USPHS) Commissioned Corps is seeking a correction to her military records after discovering that years of prior service in the U.S. Army have been excluded from her promotion timeline due to a mischaracterized transfer process. Represented by Attorney Dylan Thayer of the Law Offices of David P. Sheldon, PLLC, the officer has filed a formal application to the Board for Correction of PHS Commissioned Corps Records.

This case centers around a troubling bureaucratic failure: despite receiving multiple assurances from PHS officials that her five years of active-duty Army service would be recognized under an interservice transfer, the officer was later told that her commissioning into the PHS was processed as a direct appointment, rendering her previous rank and time in service irrelevant for promotion eligibility.

“When an officer makes career-defining decisions based on guidance from the very institution that recruits them, the burden to correct misinformation should not fall on the officer alone,” said Attorney Thayer. “We are asking for the recognition of service she has already rendered with distinction.”

The officer had served honorably as an Army psychologist and was selected for promotion to Major (O-4) before joining the PHS. She accepted her commission believing her time in service would count toward her next promotion. Only after repeated follow-ups did she discover that her file reflected a promotion eligibility date nearly three years later than expected.

This misclassification has real-world consequences. Without correction, it not only delays her promotion and financial compensation but may also impede future career advancement.

In her role at the Department of Defense, she has excelled by taking on supervisory duties typically assigned to more senior officers, earning a PHS Commendation Medal, and receiving nomination for a prestigious clinician award. Yet her official rank does not reflect this performance, due to what her legal team describes as administrative negligence.

The filing requests her immediate eligibility for promotion to Lieutenant Commander (O-4), retroactive to her accession date, along with corresponding backpay. In the alternative, the officer seeks compensation equal to the accession bonus she would have received had she been correctly classified.

“This case is not just about one officer,” Thayer emphasized. “It’s about setting a precedent to ensure that no service member is penalized for trusting the system. We expect accountability, clarity, and fairness for those who dedicate their lives to service.”

About the Law Offices of David P. Sheldon, PLLC
The Law Offices of David P. Sheldon, based in Washington, D.C., is a nationally recognized firm that defends the rights of uniformed service members and federal employees. With decades of experience in courts-martial, promotion disputes, medical board appeals, and security clearance litigation, the firm is committed to ensuring justice for those who serve.

Disclaimer:
This press release is for informational purposes only and does not constitute legal advice. Past outcomes do not guarantee future results. For personalized legal assistance, please contact an attorney licensed to practice in your jurisdiction.

 

A Cadet’s Leadership, Not Misconduct, Should Define His Future

Posted on by Becky Haugen

A promising Air Force Academy cadet, just steps away from graduating and becoming a commissioned officer, now faces a 10-month probation that could unfairly derail his military career. The Law Offices of David P. Sheldon, PLLC, has formally petitioned the Superintendent of the U.S. Air Force Academy to reduce the punishment, arguing the penalty is unjust and disproportionate.

The cadet, a senior and leader on the Air Force Academy’s varsity soccer team, did not commit a crime or violate Air Force regulations. He was not accused of physical misconduct, nor did he participate in the behavior that prompted a larger investigation into team traditions. Instead, his only alleged offense was being present during horseplay that was longstanding, widely accepted, and even condoned by coaches and senior cadets.

Despite this, he has been grouped with others who faced far more serious allegations, including abusive conduct, indecent acts and is now facing the same punishment.

“This cadet followed the example set by coaches, upperclassmen, and the very culture the Academy allowed to persist for years,” said Attorney David P. Sheldon. “To hold him equally accountable for something he didn’t do and wasn’t expected to report under military law is not only unfair, it sends a dangerous message to future leaders.”

Notably, multiple witnesses, including the cadet allegedly impacted by the incident, attested that no misconduct occurred and that the environment allowed cadets to speak up if they were uncomfortable. When interviewed, one of his teammates said “the cadet was always respectful, he made sure I was okay. I trust him and would serve under him without hesitation.”

If the 10-month probation stands, this cadet will lose thousands in military pay, miss his scheduled pilot training, and fall behind in career advancement, all despite his high performance, a clean record, and full cooperation with investigators.

The legal brief highlights inconsistencies in past disciplinary actions at the Academy, citing other cadets who committed serious misconduct, yet were allowed to graduate and commission. The firm’s request calls on the Air Force Academy to recognize that this young man’s actions do not warrant a punishment that could define his career forever.

 

About The Law Offices of David P. Sheldon, PLLC
The Law Offices of David P. Sheldon is a nationally recognized firm based in Washington, D.C., representing military service members and federal employees across the globe. With decades of experience in military justice and administrative law, the firm advocates for the rights of those who serve—and ensures due process is not just a promise, but a guarantee.

 

Legal Disclaimer
This press release is for informational purposes only and does not constitute legal advice. The outcome of any legal matter depends on the unique circumstances of each case.

“Justice For A Chaplain”: Federal Court Sides With Army Officer

Posted on by Becky Haugen

A U.S. Army captain and chaplain has won an important legal victory in federal court after a years-long effort to clear her record of an unjust reprimand. The U.S. District Court for the District of Columbia has ruled that the Army’s decision to reject a military review board’s recommendation to remove the reprimand was “arbitrary and capricious,” sending the matter back to the Secretary of the Army for reconsideration.

The officer, a decorated chaplain with nearly a decade of service, was stationed at the prestigious 101st Airborne Division when a professional conflict led to a series of investigations. Though she was never formally relieved of duty and was recommended for retention by a Board of Inquiry, a General Officer Memorandum of Reprimand (GOMOR) remained in her permanent file, potentially jeopardizing her career, future promotions, and retirement benefits.

The Army’s own Board for Correction of Military Records agreed with the officer’s appeal and voted to have the reprimand removed. But in April 2024, a Deputy Assistant Secretary overruled that decision with a brief one-paragraph denial, offering no substantial explanation.

In a strongly worded opinion issued July 14, 2025, Judge Sparkle L. Sooknanan criticized the Army’s handling of the case, stating the decision lacked adequate reasoning and failed to consider the Board’s findings. The court has now ordered the Army to revisit the matter and provide a lawful, properly reasoned decision.

“This ruling doesn’t just impact one officer, it sends a message that accountability and fairness still matter, even in military bureaucracy,” said Dylan Thayer of the Law Offices of David P. Sheldon, PLLC, who represents the officer. “It’s a step toward restoring a distinguished career that was nearly derailed by an unexplained administrative action.”

The officer has served honorably as a chaplain supporting the emotional and spiritual well-being of soldiers under pressure. Her reinstatement into good standing would preserve her opportunity for continued service and eventual military retirement.

About The Law Offices of David P. Sheldon, PLLC

Based in Washington, D.C., The Law Offices of David P. Sheldon represents military service members and federal employees across the globe in matters involving military justice, adverse actions, security clearances, medical retirement, and records corrections. The firm is nationally known for its commitment to justice, integrity, and results.

Disclaimer:

This article is for informational purposes only and does not constitute legal advice. Every legal situation is unique. If you are facing an issue involving a military reprimand or adverse personnel action, contact a qualified attorney for legal counsel.