Naval Station Norfolk is the largest naval base in the world, and it depends on a large civilian workforce in logistics, port operations, facilities, administration, and base services. Those civilians are protected by federal civil service law, which is what anyone researching Virginia federal employee law for a job on the base actually needs, since Virginia’s state employment statutes generally do not apply to federal workers. Below are seven workplace protections civilian employees at Naval Station Norfolk should know, followed by five law firms that represent federal employees in Virginia.
What workplace protections do civilians at Naval Station Norfolk have?
1. Are you protected from being removed without notice?
Yes. Before a removal, demotion, or suspension of more than 14 days, 5 U.S.C. § 7513 generally requires at least 30 days’ advance written notice, at least 7 days to reply in writing and orally, the right to a representative, and access to the evidence the Navy relied on. Shorter suspensions require advance notice and a reasonable chance to respond.
2. Can you appeal if the Navy disciplines you?
Most permanent employees who have finished a one-year probationary period can appeal removals, demotions, and suspensions of more than 14 days to the Merit Systems Protection Board. The deadline is generally 30 days from the action’s effective date, and it is rarely extended.
3. What protects you from discrimination?
Title VII, the Age Discrimination in Employment Act, and the Rehabilitation Act all apply to Navy civilians. You must contact an EEO counselor within 45 days of the discriminatory act. The Rehabilitation Act also requires the Navy to provide reasonable accommodations to qualified employees with disabilities, so put any accommodation request in writing.
4. What if you work for the Navy Exchange or MWR?
Employees of the Navy Exchange and Morale, Welfare and Recreation programs are usually nonappropriated fund employees, often called NAF employees. They are federal workers but follow separate personnel rules and generally cannot appeal discipline to the MSPB. NAF employees are still covered by the federal EEO process, and 10 U.S.C. § 1587 protects them from reprisal for reporting wrongdoing.
5. Are you protected if you report misconduct or waste?
Yes. The Whistleblower Protection Act protects appropriated fund employees who disclose violations of law, gross mismanagement, gross waste of funds, abuse of authority, or substantial dangers to public health or safety. Retaliation complaints go to the Office of Special Counsel. Make disclosures through proper channels, such as a supervisor, an Inspector General, or the Office of Special Counsel.
6. What happens if you are hurt on the job?
The Federal Employees’ Compensation Act, administered by the Labor Department’s Office of Workers’ Compensation Programs, covers work injuries and illnesses. For a traumatic injury, file Form CA-1 within 30 days to preserve continuation of pay, which can cover up to 45 days of regular pay. Occupational illnesses use Form CA-2. Report injuries to your supervisor right away, even minor ones.
7. What rights do you have if you serve in the Reserve or Guard?
Civilian employees who are reservists or Guard members generally receive up to 15 days of paid military leave per fiscal year under 5 U.S.C. § 6323. The Uniformed Services Employment and Reemployment Rights Act, known as USERRA, protects your job while you serve and bars discrimination based on service. Federal employees can bring USERRA claims to the Labor Department or directly to the MSPB.
Which law firms help Navy civilian employees in Virginia?
- The Mundaca Law Firm
- Tully Rinckey
- HKM Employment Attorneys
- The Erlich Law Office
- Burke Law
1. The Mundaca Law Firm: Virginia Federal Employee Law
The Mundaca Law Firm is led by Francisco E. Mundaca, Esq., Founding Partner, with a Virginia office at 8000 Towers Crescent Drive, Suite 1350-1338, in Tysons. The firm represents federal employees from agencies across Virginia, including the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, and intelligence and military branches.
Its federal practice covers responses to proposed disciplinary actions and investigations, MSPB appeals of removals and suspensions, EEO discrimination and retaliation complaints, security clearance defense and appeals, and whistleblower retaliation complaints before the Office of Special Counsel. The firm also negotiates settlements and litigates when necessary. Consultations are confidential.
2. Tully Rinckey
The firm’s Washington, D.C. office handles federal employment matters among other practice areas.
3. HKM Employment Attorneys
An employment law firm with an office in Arlington.
4. The Erlich Law Office
An Arlington firm whose practice includes employment and whistleblower matters.
5. Burke Law
An Alexandria, Virginia firm whose practice includes security clearance matters.
How can Naval Station Norfolk civilians use these protections?
Start by confirming whether you are an appropriated fund employee, a NAF employee, or a contractor, because the answer changes where you file and which deadlines apply. Keep copies of appraisals, injury reports, military orders, and any accommodation or whistleblower disclosures. Note the 45-day EEO and 30-day MSPB deadlines the moment a problem starts. If you work at Naval Station Norfolk and are facing discipline, discrimination, retaliation, or an injury dispute, an attorney who focuses on Virginia federal employee law can help you protect your rights.
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.
