IS THIS EMPLOYEE OWED $314,621.00, $95,186.00, OR $209,836.00?
We just ran across a wonderful example of how easy it is to determine the proper amount of attorney fees under current law and regulation. We are sending it along for all those readers that think the status quo is just fine. One lawyer looked at the facts of the federal employee’s case and concluded that the first figure above was the correct one, while another attorney calculated the second figure to be the proper one under legal standards. Given their disagreement, a team of lawyers reviewed the evidence and rendered a third decision that the final figure was correct. If a half-dozen attorneys who specialize in this area of the law cannot get within $100,000 or one another when assessing the same facts, it is time for LR practitioners to protect their employers—union or agency—by negotiating very specific contract articles that minimize the guess work on fees. If they can’t screw up the courage, then perhaps we should toss this to the folks on the Hill for a little of their influence. (Check out Complainant v. Jeh Johnson, DHS, TSA, EEOC Appeal No. 0720130035 (October 20, 2015))