New York Federal Employment Attorney
Federal employees in New York work under a legal framework that has little in common with the rules covering private sector employers and their staff.
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Award Winning Federal Employment Lawyer In New York
Adverse employment actions, discrimination claims, agency investigations, and whistleblower retaliation follow federal employment law and strict administrative deadlines. A New York federal employment attorney can help protect your career before an agency decision becomes final.
Cantrell Schuette represents federal employees and federal workers across New York State and nationwide before the Merit Systems Protection Board (MSPB), the Equal Employment Opportunity Commission (EEOC), agency boards, and the federal courts. This page is part of our broader federal employment representation.
Federal Employment Representation Across New York State
New York has one of the largest federal workforces in the country, from Manhattan and Long Island to Albany, Syracuse, Buffalo, and Rochester.
Who We Represent
As employment law attorneys with a federal focus, we represent civil servants, supervisors, and eligible employees at each federal agency across the federal government on matters including:
- Suspensions, demotions, or removals based on conduct or job duties
- Adverse employment actions tied to protected categories or activity
- Office of Inspector General or Office of Internal Affairs investigations and security clearance matters in the federal workplace
- Whistleblower retaliation, employer retaliation, and prohibited personnel practices
- EEOC complaints, hostile work environment claims, and workplace disputes that reach the federal courts
Federal employees in New York whose claims reach court litigate in one of the state’s four federal districts, including the Eastern District of New York and the Southern District of New York, along with the Northern and Western Districts. We also advise on federal workers’ compensation through the Office of Workers’ Compensation Programs (OWCP), which manages workers’ compensation claims for federal employees, and disability retirement through OPM. Federal employment disputes often involve navigating complex agency procedures, and we provide legal representation at each administrative stage.
How Federal Employment Law Differs From New York State Law
Most private sector workers in New York are employed at will, meaning an employer can end the employment relationship for almost any lawful reason. New York state employment law and other applicable laws still protect these workers through employment contracts, wage and hour laws, anti discrimination laws, and workplace safety rules under both federal and state laws. These state laws operate alongside federal protections. Federal employees generally are not at will and have appeal rights that private sector employees do not.
Protections
Several protections apply mainly to private sector employers and state workers rather than the federal workforce:
- New York law prohibits discrimination based on sexual orientation, national origin, and other protected characteristics, and enforcement runs through state agencies rather than the federal-sector process
- The Occupational Safety and Health Act, enforced by the Occupational Safety and Health Administration (OSHA), requires employers to ensure a safe workplace, prevent recognized workplace hazards, and provide training on workplace safety regulations, while New York law requires safety committees in many workplaces
- Employers are liable for workplace injuries caused by negligence, and workers compensation and unemployment insurance operate under state law
- Minimum wage, federal minimum wage, and overtime pay rules under the Fair Labor Standards Act (FLSA) and New York wage laws set baseline standards for non exempt employees, regardless of job duties
- New York Paid Family Leave provides job-protected paid leave for eligible private sector and state workers, and union matters for private employers run through the National Labor Relations Board (NLRB), which addresses unfair practices under private-sector labor laws
Federal sector employment law differs from New York state employment law at almost every step. Because these overlapping state and federal laws carry different deadlines and legal requirements, a specialized attorney is essential for navigating agency procedures and preserving your rights.
MSPB Appeals and Adverse Actions Against Federal Employees
The Merit Systems Protection Board reviews major adverse actions against federal employees, including removals, suspensions of more than 14 days, demotions, and reductions in grade or pay. Federal employees are not at will, and MSPB appeals carry strict deadlines. Our attorneys assist with:
- Filing timely MSPB appeals and preparing for hearings before an administrative judge
- Responding to proposed discipline, agency investigations, and prohibited personnel practices
- Preparing for investigatory interviews, including Garrity and Kalkines warnings
Federal employees can file certain claims with the Merit Systems Protection Board, which hears appeals such as removals and suspensions, with further review available before the full Board or the U.S. Court of Appeals for the Federal Circuit. Many federal employment disputes resolve through settlement before a hearing.
Federal EEO Complaints and Workplace Discrimination
Federal employees who face workplace discrimination based on race, color, religion, sex, national origin, age, or disability may pursue claims through the federal-sector EEO process enforced by the Equal Employment Opportunity Commission (EEOC). The Civil Rights Act of 1964 and Title VII prohibit discrimination based on race, color, and sex; the Age Discrimination in Employment Act (ADEA) protects workers aged 40 and older; and the Rehabilitation Act extends Americans with Disabilities Act (ADA) protections to federal employees, prohibiting discrimination against disabled individuals.
What An Attorney Helps With
Federal employees must contact an EEOC counselor within 45 days of an adverse action or discriminatory incident. The EEOC conducts a preliminary investigation of complaints, and you can seek legal representation when filing complaints. A federal employment attorney can help with:
- Filing complaints for discrimination based on protected characteristics, including sexual orientation and national origin
- Addressing sexual harassment, a hostile work environment, unfair treatment, and other discriminatory practices
- Requesting reasonable accommodations and showing when a denial creates undue hardship, and helping employers provide reasonable accommodations
- Responding to agency investigations and requesting a final agency decision or EEOC hearing
- Helping employees seek remedies such as reinstatement, back pay, and compensatory damages
A federal employer and its agencies must comply with EEOC regulations for employee discrimination claims, and federal employment law has strict deadlines for filing discrimination claims. Federal employment attorneys assist clients with claims under Title VII and the ADA and represent employees in investigations and hearings before the MSPB and EEOC.
Family Leave, Whistleblower Protection, and Retaliation
The Family and Medical Leave Act (FMLA) provides job-protected leave for qualifying federal workers. It provides up to 12 weeks of unpaid leave, applies to employers with 50 or more employees, and allows leave for serious health conditions or family needs. Employees must provide notice to request family leave, and disputes can involve denied paid leave or unpaid leave under the medical leave act.
Federal employees who report waste, fraud, abuse, or illegal activity are protected by whistleblower protections that prevent retaliation for reporting misconduct. Employer retaliation punishes employees for engaging in protected activities and can include firing, demotion, or reduced hours. Our attorneys assist with:
- Filing whistleblower complaints with the Office of Special Counsel and pursuing an Individual Right of Action before the MSPB
- Filing retaliation claims with the EEOC after protected activity
- Pursuing remedies such as reinstatement, back pay, and corrective action
What Our Clients Say
New York Federal Employment Law Firm
Federal-sector employment law operates under different rules, courts, and deadlines than New York state and private sector labor and employment law. As a law firm representing federal government employees across New York and nationwide, our employment lawyers pair federal experience with the employment litigation capability to take matters to court when needed. When you work with the firm, you receive:
- Direct access to the employment attorney handling your matter
- A clear attorney-client relationship and transparent communication on strategy and billing
- Representation across the MSPB, EEOC, Office of Special Counsel, and federal court
- Realistic case evaluation and clear guidance on the legal process at each stage
Speak With an Experienced Attorney Today
Federal employment matters move quickly and carry strict deadlines, and early legal review helps protect your rights.
Contact Cantrell Schuette today at (877) 858‑6868 or email [email protected] to schedule a consultation with a New York federal employment attorney who understands the federal-sector process.
Frequently Asked Questions
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How long do federal employees in New York have to file an EEO complaint?
Federal employees generally must contact an agency EEO counselor within 45 days of the alleged discrimination. This deadline is strict and much shorter than the deadlines that apply to private sector workers under New York law.
What is the Merit Systems Protection Board?
The Merit Systems Protection Board is an independent federal agency that reviews adverse actions against federal employees, including removals, long suspensions, and demotions. A federal employment lawyer can advise whether an action is appealable and on the deadlines that apply.
How is federal employment law different from New York employment law?
Most private sector employees in New York are at will, while federal employees generally are not and have appeal rights under federal law. Federal claims move through the federal-sector process and agencies such as the MSPB and EEOC rather than New York state bodies, so federal sector employment law differs from New York state employment law throughout.