Category: USPHS

Federal Employees and Commissioned Officers: The Battle Over Wrongful Termination and Reinstatement

Posted on by Becky Haugen

Federal Employees and Commissioned Officers: The Battle Over Wrongful Termination and Reinstatement

A recent federal court ruling has shaken the landscape for military, federal, and government employees, including commissioned officers under systems such as the Commissioned Officer Effectiveness Report (COER). This ruling, which orders the reinstatement of probationary employees who were wrongfully terminated, underscores the importance of accurate personnel records and the significant implications for career advancement, retirement eligibility, and benefits.

The Issue at Hand

A federal judge recently mandated that agencies rehire employees who were wrongfully terminated during their probationary periods, restoring full pay, benefits, and removing the termination from their personnel records. Agencies such as the Department of Transportation (DOT), the Environmental Protection Agency (EPA), and the National Oceanic and Atmospheric Administration (NOAA) have begun implementing this order, albeit with varying stipulations regarding administrative leave and return-to-work policies. However, the legal battle is far from over, with the Trump administration actively appealing the decision.

The Legal Implications for Federal and Military Employees

For many federal employees, a wrongful termination can have career-defining consequences. Federal workers rely on continuous service to qualify for promotions, tenure, and retirement benefits. The wrongful termination of an employee, particularly one in their probationary period, could mean lost time toward service credits that impact:

  • Retirement eligibility: Federal and military retirement systems are built on service years. A break in service or an incorrect record indicating termination could disqualify employees from reaching necessary service thresholds.
  • Promotions and career advancement: In competitive fields such as the U.S. Public Health Service (USPHS), military branches, and federal agencies, a termination on record—wrongfully or not—could unfairly hinder promotion eligibility and career progression.
  • Access to benefits: Benefits such as healthcare, pension plans, and administrative leave allowances are directly tied to employment records. A wrongful termination that is not corrected may permanently deprive employees of their rightful entitlements.

Correcting the Record: Legal Recourse for Federal and Military Employees

The Law Offices of David P. Sheldon specialize in assisting military and federal employees in appealing wrongful terminations, navigating the Board for Correction of Military Records (BCMR), and ensuring that personnel records accurately reflect continuous service. With this recent ruling, employees must act swiftly to:

  1. Ensure their records are corrected – The court order emphasizes that terminated employees must have their records expunged of termination notices, ensuring their official personnel folders (OPF) reflect uninterrupted service.
  2. Seek legal assistance for appeals – Employees who suspect wrongful termination or adverse personnel actions should seek legal guidance to navigate appeals through agencies such as the BCMR or the Merit Systems Protection Board (MSPB).
  3. Protect future benefits and career progression – If termination records are not corrected, employees may face challenges in qualifying for future employment, retirement benefits, and promotions.

A Precarious Future for Federal Workers

Despite the court ruling, the political landscape remains uncertain. The Trump administration has vowed to appeal the decision, and agencies are submitting workforce reduction plans that could lead to further layoffs. With millions of federal employees in limbo, vigilance is necessary to ensure fair treatment and protection of career rights.

For military and federal workers facing wrongful termination or service record discrepancies, legal intervention is crucial. The Law Offices of David P. Sheldon continue to advocate for federal employees, ensuring their records are corrected, their rights are defended, and their careers remain on track. If you or someone you know is affected by these emerging issues, seeking legal counsel promptly can make the difference between lost career opportunities and a restored future in federal service.

About the Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon is a premier legal firm dedicated to defending the rights of military personnel, federal employees, and government workers. With extensive experience in military justice, federal employment law, and appeals, the firm provides expert legal counsel for those facing wrongful termination, service record corrections, and administrative appeals.

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

Resources

 

Disclaimer:

The information provided in this article is for general educational and informational purposes only and does not constitute legal advice or legal representation. Service members facing legal or administrative challenges should consult with a qualified attorney who is experienced in military law to receive guidance tailored to their specific circumstances.

Why Military Members Choose The Law Offices of David P. Sheldon for Medical Evaluation Board Defense

Posted on by Becky Haugen

Defending Your Career: Why Military Members Choose The Law Offices of David P. Sheldon for Medical Evaluation Board Defense

For both uniformed and non-uniformed military members, the prospect of facing a Medical Evaluation Board (MEB) can be daunting. The consequences of an unfavorable MEB outcome can significantly jeopardize a service member’s career, benefits, and future opportunities. This is where the expertise of The Law Offices of David P. Sheldon comes into play, providing robust legal guidance and representation during one of the most challenging phases of a military career.

Navigating the Complex MEB Process

The MEB process is inherently complicated. Whether you are an active-duty service member or part of the United States Public Health Service (USPHS), the evaluation involves a rigorous review of your medical fitness and readiness. A misstep in this process may result in severe repercussions, including loss of career credits, promotions, and even benefits. The Law Offices of David P. Sheldon specialize in ensuring that every step of the MEB process is handled with precision. Their legal guidance ensures that:

  • Members’ Rights Are Protected: By providing thorough representation, they work to ensure that the proper reviews are conducted, safeguarding the service member’s legal rights.
  • Career and Benefits Are Secured: The firm’s proactive approach helps maintain a member’s present career status while also preserving long-term benefits, promotions, and medical funding.
  • Informed Decisions Are Made: Navigating an MEB requires accurate and current information. The firm assists in ensuring that every decision is well-informed and in the best interest of the service member’s career.

The Critical Role of Legal Representation

Uniformed and non-uniformed military members alike face significant challenges during the MEB process. The Law Offices of David P. Sheldon understand that the stakes are high. When a member is confronted with allegations regarding readiness or fitness, the impact can extend far beyond immediate career setbacks. Legal representation becomes indispensable because:

  • It Provides Expert Guidance: With specialized knowledge in military and public health service law, the firm is well-equipped to challenge unjust decisions and protect the client’s interests.
  • It Secures Long-Term Career Prospects: Proper legal support can be the difference between an MEB decision that derails a career and one that fairly represents the member’s potential for future service and advancement.
  • It Reduces the Risk of Injustice: An MEB is not just a review of medical conditions; it is a directional shift in a member’s career. Without the support of experienced legal counsel, service members risk losing hard-earned benefits and career achievements.

The Importance of Timely MEB Retirement

A critical aspect often overlooked in the discussion of MEBs is the timing of retirement from the board. When members are retired from the MEB process at an appropriate rate, several key benefits emerge:

  • Prevention of Career Disruption: Timely retirement from the MEB can prevent prolonged uncertainty and the potential loss of career credits. It ensures that service members can continue to pursue their professional goals without undue interruption.
  • Maintaining Readiness and Fitness: For both uniformed and non-uniformed members, being retired from the MEB process at the right time helps maintain their operational readiness and ensures that their physical and mental fitness is accurately represented.
  • Protecting Future Opportunities: When legal experts secure an appropriate rate of MEB retirement, it safeguards a member’s eligibility for promotions, advanced training, and future service opportunities. This not only protects current career standing but also sets the stage for long-term success.

A Partnership Built on Trust and Expertise

The Law Offices of David P. Sheldon have built a reputation for providing the highest level of care to service members facing the MEB process. Their commitment to excellence, deep understanding of military and public health service regulations, and a track record of successful case management make them an invaluable ally for any military member. By hiring their services, members are not merely hiring a lawyer; they are securing a partnership dedicated to defending their rights, preserving their career achievements, and ensuring a just evaluation process.

Conclusion

For uniformed and non-uniformed military members facing the daunting challenges of a Medical Evaluation Board, expert legal representation is not just beneficial—it is essential. The Law Offices of David P. Sheldon offer comprehensive legal support designed to protect service members’ rights, secure long-term career benefits, and ensure that the MEB process is handled fairly and efficiently. By prioritizing appropriate retirement from the MEB process, they help safeguard not only the immediate career prospects of service members but also their future in service.

Disclaimer:

The information provided in this article is for general educational and informational purposes only and does not constitute legal advice or legal representation. Service members facing legal or administrative challenges should consult with a qualified attorney who is experienced in military law to receive guidance tailored to their specific circumstances.

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

Disclaimer:

The information provided in this article is for general educational and informational purposes only and does not constitute legal advice or legal representation. Service members facing legal or administrative challenges should consult with a qualified attorney who is experienced in military law to receive guidance tailored to their specific circumstances.

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

Disclaimer:

The information provided in this press release is for general educational and informational purposes only and does not constitute legal advice or legal representation. Service members facing legal or administrative challenges should consult with a qualified attorney who is experienced in military law to receive guidance tailored to their specific circumstances.

Military Defense Supports USPHS Members at the 56th Annual Scientific & Training Symposium

Posted on by Becky Haugen

Military Defense will be available to meet with COA members at the upcoming 56th annual Scientific & Training Symposium. (phscof.org/symposium). The 56th annual meeting of the Commissioned Officers Association of the U.S. Public Health Service (COA) will be meeting May 8th – 11th, 2023 at the Cox Business Convention Center in Tulsa Oklahoma.

Captain Karen Munoz’s Performance “We fight too/!”

Military Defense provides USPHS members with with legal representation for concerns regarding promotions, readiness, special pay, involuntary retirement board, records corrections in addition to EEO and MEB concerns. We understand the unique needs of Commissioned Corps Officers and have a USPHS focused area of our practice dedicated to being there for you, when you have been there for us.

We look forward to seeing you in May!

Law Offices of David P. Sheldon and the Military Defense Team

 

Case Results: USPHS Commander Wins Restoration of Retirement Credits

Posted on by Becky Haugen

Another success story for the Law Offices of David P. Sheldon at the Public Health Service Board for Corrections (PHS BFC). The Law Offices of David P. Sheldon represented a Commissioned Corps Commander who was promised retirement credit-in writing-for prior federal civilian service, only to be informed just before retirement that the Commissioned Corps was denying the credit.

As a result of our firm’s efforts, the PHS BFC “concluded that Corps actions constituted an egregious error and an injustice.” Our client will now receive the retirement credit so richly deserved and is now eligible to retire immediately since receiving years of constructive service credit.

 

Back to News and Results

Testimonial: Veteran Benefits and Retirement Restored for USPHS Member

Posted on by Becky Haugen

My first call with David demonstrated his knowledge of the “system” and gave me hope.I could not get a single phone call returned or an email reply from my service branch without his law firm’s help. As a result of their intervention I’ve been able to receive all the retirement and VA benefits that I was entitled to. These benefits had been ignored or denied, until their legal team set to work on my behalf, and achieved complete resolution. Thanks again to the entire staff of the Law Offices of David P. Sheldon PLLC.

P.Z.  USPHS/Air Force

Motion Filed to Rightfully Include USPHS and NOAA at Smithsonian Memorial

Posted on by Becky Haugen

Press Release: The Law Offices of David P. Sheldon Files Opposition to the Smithsonian’s Motion to Dismiss in USPHS COA v Bunch et al.

Law Offices of David P. Sheldon PLLC

100 M St SE, Suite 600

Washington, DC 20003

(202) 546 9575

www.militarydefense.com

Read the Complaint Here

Congress created the National Native American Veterans Memorial to be a memorial for all Native veterans. Yet, when it came time to build the memorial, the Smithsonian wrongfully excluded Native veterans of the United States Public Health Service and the National Oceanic and Atmospheric Administration. In May, The Law Offices of David P. Sheldon, representing the Commissioned Officers’ Association of the United States Public Health Service, filed suit to ensure that those two branches were properly included. The continued denigration of the service of USPHS and NOAA veterans has a pervasive impact on their status before private and public institutions. They are frequently denied benefits both due under statute, and granted by private society, due to ignorance as to their status as veterans. The most egregious example of this is the way in which USPHS commissioned officers, deployed by their country to the hottest spots of the COVID pandemic, were frequently denied early vaccination status by military healthcare facilities ignorant of their status as fellow service members.

Yet, it was on those very grounds that the Smithsonian based their motion to dismiss. They argued that Native veterans of the USPHS and NOAA had no entitlement to inclusion on the monument, and that there was no evidence that the denigration of their service and reputation as “real” veterans had any impact on their societal standing. In addition, they also argued that a question of constitutional interpretation was in fact a political question, not fit for the courts to resolve.

Now, The Law Offices of David P. Sheldon have filed their motion to oppose this attempt to dismiss a rightful claim. In their motion, they demonstrate to the Court the massive impact on societal status of the wrongful denigration and spreading of ignorance as to the veteran status of USPHS and NOAA officers. They also remind the Smithsonian, and the Court, of the clear precedence in the D.C. Circuit that constitutional claims are not, contrary to what was alleged by the Smithsonian, political questions barred from consideration. The Law Offices look forward to the successful resolution of this current round of litigation, to the future success of their case, and to the ensuring that Native USPHS and NOAA officers are given the public commemoration they rightfully deserve.

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