NOTE: CASE RESULTS DEPEND ON A VARIETY OF UNIQUE FACTORS AND DO NOT GUARANTEE OR PREDICT SIMILAR RESULTS FOR FUTURE CASES.
Partner Kevin Byrnes assisted an FBI Intelligence Analyst who resigned from his position after being harassed for reporting a lack of concern by the Agency over possible terrorist activity in the Balkans.
Since there is no legislation that allows FBI personnel to pursue whistleblower claims in any judicial or administrative forum, the only remedy for a whistleblower is to appeal the matter to the Bureau or seek Congressional intervention.
In this instance, the whistleblower resigned his position after a prolonged effort to first silence him, then impose discipline, and finally attack his security clearance.
After the employee was cleared of any wrongdoing by the Agency, he resigned under protest of a hostile work environment.
Mr. Byrnes assisted the employee in drafting a comprehensive letter detailing the employee’s concerns about the resurgence of terrorist groups in the Balkans. The matter is subject to Congressional inquiry at this time.
In a matter involving an Equal Employment Opportunity failure to provide a reasonable accommodation claim against a component of the Department of Justice, Partner Kevin Byrnes and Senior Associate Samuel Adelmann successfully negotiated the resolution of a race- and disability-based claim involving the denial of telecommuting and other accommodations to a disabled veteran.
The agency initially denied any misconduct and litigated the case aggressively until the eve of a hearing before the Equal Employment Opportunity Commission. Upon submission of initial discovery, the agency agreed to a settlement that also involved payment of attorneys’ fees and emotional distress damages.
To learn about FH+H’s Employment Law Practice, click here.
Partner Kevin Byrnes Defends Property Owner with Brain Inflammation Caused by Adjoining Building’s ConstructionJune 06, 2018
In a case involving a property owner who suffered brain inflammation due to an error in the neighboring building’s redevelopment, FH+H Partner Kevin Byrnes and his client obtained a six-figure verdict against the developer who negligently discharged water on the owner’s property, which resulted in harmful mold growth.
Medical testimony established that the client suffered brain inflammation and loss of employment due to mold that developed from a broken waterspout, which the developer failed to correct despite several complaints from the homeowner.
Mr. Byrnes presented physical evidence and medical testimony at trial to prove the mold was caused by the activities of the developer, and he established wage loss as well as pain and suffering on the homeowners’ behalf, which led the court to impose punitive damages of approximately twice the compensatory damages.
To learn about FH+H’s Litigation and Investigations Practice, click here.
In an age discrimination suit that was resolved through mediation, FH+H Partner Kevin Byrnes obtained a highly favorable settlement that addressed the issue of whether the executive should be treated as an employee under the Age Discrimination in Employment Act (ADEA), rather than an agent or independent contractor.
After successfully arguing that the individual, who also served as the general counsel of the organization, worked primarily as an employee, the parties agreed to a severance compensation package and lifetime achievement award.
Mr. Byrnes effectively presented evidence that the termination violated the District of Columbia Human Rights Act. The matter was settled after federal suit was filed.
Click here to learn more about Mr. Byrnes’ law practice.
FH+H Partner Kevin Byrnes successfully represented an army physician who suffered a traumatic brain injury against job termination for errors in travel submissions.
In an action involving an experienced physician who suffered a work-related injury, Mr. Byrnes blunted an effort to terminate the physician based on issues related to the physician’s recall of events, which was affected by his traumatic brain injury that occurred in a workplace-related accident.
Mr. Byrnes successfully argued that the conduct was related to the physical impairment, and the employer should mitigate punishment, since the conduct was disability related and out of the ordinary for what was otherwise an unblemished career.
To learn about FH+H’s Litigation and Investigations Practice, click here.
FH+H Partner Kevin Byrnes helped a federal law enforcement agent reach settlement in a case involving the agent’s supervisor subjecting them to an improper fitness for duty examination.
The client said their supervisor made inappropriate comments about when the client would retire. When the client protested the comments, the supervisor retaliated, which culminated in the improper fitness for duty examination.
The supervisor argued that the client has a physical injury that made them unable to do their job. It was decided, however, that the client’s physical injury was not incapacitating.
The client argued to the EEOC that the examination violated the Rehabilitation Act and was part of a retaliatory scheme.
During the pendency of the claims, the agent reached mandatory retirement. The supervisor then settled for backpay and a partial payment of attorney’s fees.
FH+H Partner Kevin Byrnes successfully defended a federal employee facing a security clearance denial based on the employee allegedly failing to report prior alcohol-related incidents in their security questionnaire.
The employee did not report several prior alcohol-related incidents on their SF-86 Security Questionnaire. Mr. Byrnes helped the employee provide written and oral statements to explain that the employee thought the juvenile matters has been expunged and did not need to be reported.
The denial was overturned, and the employee was able to obtain the security clearance.
Read more FH+H client success stories here.
FH+H Partner Milt Johns intervened in a Government Accountability Office (GAO) protest on behalf of a client who was awarded a federal contract that was then challenged by a competitor.
Mr. Johns filed a motion to dismiss the protest, after which, the competitor voluntarily withdrew their protest.
The FH+H Government Contracts team, led by Mr. Johns, guides middle-market government contractors through the maze of applicable rules and regulations to enable corporate success, now and in the future.
Read more about FH+H's Government Contracts Practice Group here.
A retired Army Green Beret serving in the civil service faced job termination and loss of security clearance. FH+H Senior Counsel and former senior Army official Dean Popps initially shaped issues surrounding this time-sensitive matter for the client, allowing an efficient, timely, and cost-effective engagement with FH+H Partner Dave Jonas.
Mr. Jonas successfully negotiated a resignation rather than a termination, and the client’s security clearance remained intact.
Mr. Jonas’ performance on behalf of his client is indicative of FH+H’s depth and breadth in terms of dealing with the government’s legal, organizational, and bureaucratic structures, and how to work within that milieu to win for the client.
Mr. Jonas noted that the practice of employment law inside the beltway is unique, and FH+H practitioners may often provide a critical advantage to a client.
Read about Mr. Jonas' experience and legal practice here.
Partner Milt Johns and Counsel Jill Helwig of the FH+H Business Litigation team settled a dispute among owners in a close-hold business, where the FH+H-represented parties achieved all of their business goals.
The FH+H Business Litigation team handles all aspects of professional dispute resolution, including defending individuals and corporate entities against law suits in State and Federal courts across the nation, representing clients’ interests beyond final judgment and through the appeals process, and providing clients early advice to avoid litigation altogether.
Read more about the FH+H litigation team here.