The Pentagon in Arlington is the largest office building in the federal government, and thousands of the people who work there are Defense Department civilians rather than service members. Their rights come from federal civil service law, not from Virginia’s state employment statutes. Anyone researching Virginia federal employee law for a Pentagon job should start with that distinction, because it determines which deadlines and agencies apply. Below are seven workplace rights Pentagon civilians should know, followed by five law firms in Northern Virginia and Washington, D.C. that represent federal employees.
What workplace rights do Pentagon civilian employees have?
1. Do you get notice before a removal or long suspension?
Yes. For removals, demotions, and suspensions of more than 14 days, 5 U.S.C. § 7513 requires at least 30 days’ advance written notice, at least 7 days to reply in writing and orally, the right to a representative, and a written decision. You can also review the material the agency relied on. Use the reply period well, because the deciding official can choose a lighter penalty.
2. Can you appeal a final adverse action?
Most permanent employees can appeal removals, demotions, and suspensions of more than 14 days to the Merit Systems Protection Board within 30 days of the action’s effective date. New Defense Department hires generally serve a one-year probationary period, after Congress repealed a two-year DoD probation rule that applied to hires from late 2015 through 2022. Probationary employees have very limited appeal rights.
3. How are you protected from discrimination?
Title VII, the Age Discrimination in Employment Act, and the Rehabilitation Act all apply. You must contact an EEO counselor within 45 days of the discriminatory act. The Rehabilitation Act also requires reasonable accommodation for qualified employees with disabilities, and telework can still be an accommodation even after the 2025 directive returning most federal employees to in-person work.
4. What process applies if your clearance is at risk?
Most Pentagon jobs require a clearance. For Defense Department civilians, a Statement of Reasons, the written list of security concerns, starts the process. You can respond in writing, request a personal appearance before an administrative judge at the Defense Office of Hearings and Appeals, and appeal to a Personnel Security Appeals Board. If you are later removed for losing your clearance, the MSPB can review the procedures used but not the merits of the clearance decision.
5. Are you protected as a whistleblower?
Yes. The Whistleblower Protection Act protects civilian employees who disclose violations of law, gross mismanagement, gross waste of funds, abuse of authority, or substantial dangers to public health or safety. Retaliation complaints go to the Office of Special Counsel. Service members use a different statute, 10 U.S.C. § 1034, so make sure you are using the civilian process.
6. What rights do you have during workforce reductions?
The Defense Department announced civilian workforce reductions in 2025, and any reduction in force must follow formal rules. DoD uses its own RIF procedures, in which performance ratings carry more weight than at most agencies, along with tenure and veterans’ preference. Employees who believe they were ranked incorrectly can generally appeal to the MSPB.
7. Can you have help during an investigation?
You can bring a representative to reply to proposed discipline, and bargaining unit employees can request a union representative at an investigative interview they reasonably believe could lead to discipline. Union coverage for many Defense Department employees changed under a 2025 executive order, so confirm whether your position is still represented.
Which law firms help Pentagon civilian employees?
- The Mundaca Law Firm
- Berry & Berry
- Federal Practice Group
- HKM Employment Attorneys
- Burke Law
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 and military branches.
Its federal practice covers responses to proposed disciplinary actions and investigations, MSPB appeals of removals and suspensions, EEO discrimination and retaliation complaints, security clearance defense and appeals, and whistleblower retaliation complaints before the Office of Special Counsel. 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. Federal Practice Group
A Washington, D.C. firm that focuses on federal employment matters.
4. HKM Employment Attorneys
An employment law firm with an office in Arlington.
5. Burke Law
An Alexandria, Virginia firm whose practice includes security clearance matters.
What should Pentagon civilians do when a problem starts?
Confirm your appointment and probationary status, then note the deadlines that apply: 45 days for an EEO counselor, 30 days for most MSPB appeals, and whatever response window appears in any clearance or disciplinary notice. Keep copies of appraisals, clearance correspondence, and any reports of wrongdoing you have made. If you are a Pentagon civilian facing discipline, a clearance problem, discrimination, or a reduction in force, an attorney who focuses on Virginia federal employee law can help you understand your rights and respond in time.
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.
