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Naval Surface Warfare Center Dahlgren in King George County is one of the Navy’s major research and engineering centers, and most of its civilian workforce is made up of scientists, engineers, and technical specialists. That kind of work raises questions many federal employees never face, from who owns an invention to what you can do after leaving for a contractor. Virginia federal employee law covers those questions alongside the usual protections. Below are five workplace rights Dahlgren civilians should know, followed by five law firms that represent federal employees.
What workplace rights do Dahlgren civilian employees have?
1. Do you share in royalties from your inventions?
Often, yes. When a federal employee invents something on the job, the government generally owns the rights under Executive Order 10096. The Federal Technology Transfer Act, at 15 U.S.C. § 3710c, requires federal laboratories to share licensing royalties with inventors: at least 15 percent of the royalties, up to $150,000 per inventor per year. Disclose inventions promptly through the center’s technology transfer office and keep your lab notebooks and records, since disputes over who contributed can affect your share.
2. What limits apply if you leave for a contractor?
Federal ethics law limits what former employees can do. Under 18 U.S.C. § 207, you are permanently barred from representing anyone back to the government on a specific matter you worked on personally and substantially, and a two-year bar applies to matters that were under your official responsibility. The procurement integrity law, 41 U.S.C. § 2104, also bars some officials from accepting pay from a contractor for one year after serving in key roles on contracts worth more than $10 million. You have the right to ask the agency’s ethics official for written advice before you accept a job.
3. Are you protected if you report problems with test data or research?
Yes. The Whistleblower Protection Act protects disclosures of violations of law, gross mismanagement, gross waste of funds, abuse of authority, and substantial dangers to public health or safety. The Whistleblower Protection Enhancement Act of 2012 added protection for disclosures about the censorship of research, analysis, or technical information when that censorship relates to one of those categories. Reporting falsified test results or suppressed safety findings through proper channels is protected. Retaliation complaints go to the Office of Special Counsel.
4. Can you challenge unequal pay in a pay band system?
Yes. Many Navy warfare center employees work under personnel demonstration projects that use broad pay bands instead of the General Schedule, which gives managers more discretion over pay. The Equal Pay Act applies to federal employees, and it prohibits paying men and women differently for substantially equal work. Federal employees can raise an Equal Pay Act claim through the EEO process or go directly to federal court, generally within two years, or three years if the violation was willful.
5. Can you be disciplined without due process?
No. Even under a demonstration project, removals, demotions, and suspensions of more than 14 days generally require advance written notice of at least 30 days, a chance to reply, and access to the evidence the agency relied on. After the one-year probationary period, most employees can appeal these actions to the Merit Systems Protection Board within 30 days. Check your demonstration project’s Federal Register notice, since some details, such as pay band reductions, can work differently.
Which law firms help Navy civilian employees with these issues?
- The Mundaca Law Firm
- Berry & Berry
- Zuckerman Law
- The Erlich Law Office
- Tully Rinckey
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, civilian, and military branches.
Its federal practice covers whistleblower retaliation complaints before the Office of Special Counsel, EEO discrimination and retaliation complaints, MSPB appeals of removals and suspensions, responses to proposed disciplinary actions and investigations, and security clearance defense. The firm also negotiates settlements and litigates when necessary. Consultations are confidential.
2. Berry & Berry
A Reston, Virginia firm whose work includes federal employment cases.
3. Zuckerman Law
A firm whose practice includes whistleblower matters.
4. The Erlich Law Office
An Arlington firm whose practice includes employment and whistleblower matters.
5. Tully Rinckey
The firm’s Washington, D.C. office handles federal employment matters among other practice areas.
How can Dahlgren employees protect these rights?
Keep detailed records of your technical work, invention disclosures, pay band decisions, and any concerns you have raised about data or safety. Get written ethics advice before accepting an outside or post-government job, and read your demonstration project’s rules before responding to a rating or pay decision. Note the deadlines that matter: 45 days to contact an EEO counselor and 30 days for most MSPB appeals. If you work at Dahlgren and face retaliation, a pay dispute, or discipline, an attorney who focuses on Virginia federal employee law can help you understand your options.
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.
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