Navigating New Personnel Issues in the Pandemic Era
The toll of COVID-19 on federal employment law. This week’s FEDtalk show features Attorneys from the federal employment law firm Shaw Bransford & Roth to discuss personnel issues and emerging trends in the wake of the COVID-19 pandemic. In both the federal workforce and legal investigations, the pandemic prompted an immediate shift to formerly routine procedures and protocols altered to accommodate a "new normal."
James Heelan–Senior Counsel at Shaw Bransford & Roth–hosts the program with colleagues Conor Dirks and Michael Sgarlat, Partner and Associate Attorney respectfully. Heelan, Sgarlat, and Dirks speak from a combined three decades of experience representing federal employees in federal district and appellate courts, and administrative forums. The trio also author the case law updates on FEDmanager and FEDagent.
The transition from in-person to remote investigations was similar to the chaos occurring in the workforce. The Attorneys discuss the obstacles they faced when representing federal employees in the early months of the pandemic. Like federal employees, the attorneys' representing them also pivoted in their daily routines.
“Being able to do remote interviews in many ways enhanced my personal ability to represent a great number of clients. For some, it wasn’t financially feasible or with the time parameters they had on their issue to hire a Washington, D.C. attorney,” noted Heelan. “But now, an employee could retain me and I can get them up to speed in a fewer number of days than before and of course, at much less expense.”
The origins of evidence also distinguish pre-pandemic investigations from those undertaken today. Prior to the abundance of telecommunications, an agency would have to prove an action was in the character of an employee measured against their professional history–of course, a recorded zoom meeting or exchange of emails that’s saved to an evidence file.
“There is so much written communication that it’s easier to collect evidence. One thing to remember is that gossip and rumors in the workplace didn’t go away, it’s just in a different form now,” said Sgarlat, “In the past, you would say it to their face, but now it’s going on in teams chat which makes it easier for agencies to prove that misconduct.”
If an employee is under investigation by the Office of Inspector General, phone calls and emails on private or personal devices might be subpoenaed as well. Employees could be subjected to this administrative action without being aware of it until confronted with evidence.
“An email could be taken out of context so easily. There is also shorthand in commentary that an outside observer wouldn’t necessarily understand,” Dirks stated, “Part of our job as attorneys is to recreate the universe in which these communications took place.”
But what of these changes will stand the test of time and remain as an aid or hindrance in future allegations? To close the program, the Attorneys discuss the lingering aspects of COVID-19 on personnel issues and investigations.
You can stream the show online anytime via the Federal News Network app and listen to the FEDtalk on all major podcasting platforms. FEDtalk is a live talk show produced by Shaw Bransford & Roth P.C., a federal employment law firm. Bringing you the insider’s perspective from leaders in the federal community since 1993.
