Public Sector Employees

Cases for public sector workers are complex, and differ from those in the private sector in several key ways, primarily due to the nature of public employment with the state, county, municipality, or other public entities. Public sector employment is governed by constitutional principles and federal statutes such as Title VII of the Civil Rights Act, the Equal Protection Clause of the U.S. Constitution, and specific state or local government employment laws. While these employees often have additional protections under civil service laws or specific public sector statutes that provide more extensive procedural safeguards, they are also subject to differing legal standards, and applicable legal frameworks, which often require compliance with stricter timelines, especially for federal employees. Many public sector employees are unionized, and unions play a significant role in addressing claims through grievance procedures and collective bargaining agreements.

Public sector employees are faced with the need to traverse additional procedural requirements, such as timely exhausting administrative remedies with government agencies or complying with specific civil service grievance procedures, before pursuing their claims. While their rights can encompass a broader range, public sector employees are also more limited in their remedies, usually without the availability for punitive damages that are available in the private sector. Additionally, the scrutiny of public employers, and additional layers of regulations and oversight from government agencies may also support stringent decision making affecting workers that would not otherwise be justified in the private sector. Understanding these differences and having a sound strategy is crucial for effective representation of government employees, and Law and [M]ocean, APC’s attorney has expertise in the intersection of these rights and can navigate the landscape with ease.