Like you, these federal employees never thought it could happen to them. However, when an allegation was brought about, they were glad to have had the foresight to obtain a professional liability policy. The following personal accounts of real federal employees' experiences with FEDS Protection and testimonials by the attorneys who have represented them can assist in determining your own potential vulnerabilities and needs.
"Big cases, big problems. Little cases, little problems. No cases, no problems. If you are a federal law enforcement official, you have heard this anecdotal expression often enough to know that it contains more than a kernel of truth. In my experience, it is often the most aggressive, most productive and most capable agents who get ground up in the disciplinary machinery of their respective law enforcement agencies. And when that happens, you may be shocked to learn two things: the first is that you are now in an adversarial relationship with the Agency that once embraced you as a member of its family; and second, you may find that your exemplary record of performance and achievement may not count for as much as you think.
When the shock you will invariably experience when confronted with the potential loss of your career subsides, hopefully you will find solace in the fact that at some point in your career you had the foresight to purchase a professional liability policy, which in turn will provide you with the caliber of legal advice necessary to defend against the charges and salvage your career. I have represented hundreds of federal law enforcement officials in my career. The best advice I have given any of them is to purchase a professional liability policy in anticipation of that dark day when they might need it. Unless you are one of those rare ‘no cases, no problems’ agents, you simply cannot afford not to.” - Thomas G. Roth, Retired, Law Offices of Thomas G. Roth, Former Federal Prosecutor
"Just because you did nothing wrong in an accident does not mean you won't have legal problems at great expense connected with it. Once the legal process starts you don't have to be innocent, all you have to do is mis-remember or mis-speak or be human and you can be found guilty of something. Mike (Dietrich) is right about protecting yourselves now. The time to lawyer up is not when the S*** hits the fan and you're a deer in the headlights, but now, when it's inexpensive to get excellent legal representation through professional liability insurance (PLI) from FEDS. Don't put it off! - Ab, Wildlandfire.com – They Said
"I was the lucky one – I had professional liability insurance from FEDS. Here’s my story. I was accused of wrongdoing as part of the GSA "scandal”. At the time I had nearly forty years with the federal government and was the longest serving senior executive in the agency. I had only received outstanding ratings and served as the Acting Administrator of the agency for nearly a year. As for the event that was to create the "scandal”, I only participated in one early planning session, did not attend the conference and had no responsibility for or control over those who made the decisions or handled the contracting and expenditures. A number of individuals from my organization did attend the conference and benefitted from the outstanding training.
The uproar started with an IG report. Mistakes were certainly made; however, the significance of those actions was magnified dramatically by those who were seeking political and personal gain after the issuance of the report. I (along with the other leaders from the participating regions) was put on administrative leave immediately after the IG report became public. I later had the option to retire, but refused, so I was fired. Interestingly, I was fired because of what was disclosed in the IG report. However, when pressed, the IG stated I was never a subject of their investigation.
As you can imagine, this was a very dark period in my life. My family and I were bombarded by the press. I was being accused of things I had not done, by people who knew nothing about me or the situation. Fortunately, I had liability insurance. As part of that, I immediately received the wise counsel of Tony Vergnetti with FEDS. Even better, he led me to the brilliant lawyers at Shaw, Bransford and Roth.
After nearly three years and over $200,000 worth of legal fees, I was vindicated by MSPB – twice. GSA was forced to reinstate me with back pay, benefits and interest and they were obligated to pay my legal fees. From the beginning, I knew GSA had no case. However, the FEDS liability insurance gave me the backing I needed to fight. They also provided the best attorneys, who possessed the determination, dedication, talent and experience that was critical for a successful outcome.
I never could have imagined I would have found myself in such a situation. Like many others, I believed my agency would always have my back. In fact, they did not. As I said, I was the lucky one. Many others involved didn’t have liability insurance and it limited their options to respond to the accusations made against them. I know they all would have preferred to have been in my shoes. As I now tell anyone who will listen, you are a fool if you don’t carry liability insurance.” - Paul Prouty, GSA Commissioner, Retired
"In my nearly 30 years as an attorney in and around the federal employee community, I have seen many employees, including managers and executives, unjustly treated and wrongfully accused of misconduct. Considering this, I cannot imagine any federal employee not having professional liability benefits – especially a supervisor or a worker in law enforcement or homeland security. Federal employees today simply cannot have a career without having someone complain in some fashion at some time. Whether it’s an EEO complaint, an allegation of wrongdoing, whistle blower or other reprisal, or even some complaint from the public, a federal employee’s job and livelihood could be unfairly at risk.
A professional liability policy is the best way for federal employees to be able to do their jobs and also sleep well at night, knowing they are protected and can defend themselves if a claim is filed. The staff at FEDS has shown a commitment to federal employees, and I am sure that anyone who purchases professional liability protection with the FEDS association will be well served in the unfortunate event that he or she runs into problems at work. It is a great product, and the people at FEDS truly understand and care about the federal community.” - William L. Bransford, Former Managing Partner, Shaw, Bransford & Roth, P.C. (1983-2013) & Former SEA General Counsel (2003-2013)
"FEDS is ready to protect you should one of your decisions lead to a situation where your career or personal assets could be at risk. This does happen - to good managers - and that is why your agency will pay up to half of the premium. CALL FEDS TODAY - it is an important decision you won't regret." - Patricia Niehaus, National President, Federal Managers Association (FMA)
"I served in the federal government for over 41 consecutive years and retired just this past July (2007). Up until the final six months of my career, I had never thought I would be close to needing professional liability insurance. My mindset was: "I’ll never need it, especially when I am so close to retirement and having enjoyed a wonderful, unblemished, long career.” Even though the expense of professional protection was minimal, especially in comparison to the other kinds of personal insurance premiums I was paying, simply stated (due to my upcoming retirement and long-standing record of accomplishments), I felt "bullet proof.” Unfortunately, I was very wrong.
I got involved in a work-related scenario wherein I had to spend a small fortune of my own money to hire a world-class Washington D.C. law firm and protect myself. The fees I paid out of my own pocket would have been covered by a quality professional liability insurance policy, if I had one. In retrospect, it was unquestionably dumb to not obtain the kind of coverage offered Federal Employee Defense Services, Inc. when it first became available to me. Furthermore, through personal experience, I can state unequivocally that the people at FEDS have great integrity and they understand the professional liability needs of federal employees. To be sure, I will never be vulnerable and without professional liability protection again." - Dennie Lawson, FAA Employee (Retired)
Anyone involved in law enforcement knows the risks they face when they investigate cases. You are trained to recognize certain situations and through your training and experience, you are usually prepared to deal with the threat(s). The one thing you don’t get much training in are civil matters. These range from matters where you believe you are acting in good faith, to claims against supervisors by their subordinates. Investigators must meet an element of proof before they can charge someone.
Regardless of how frivolous the claim may be, it takes virtually no proof to file a lawsuit against a government official. In most cases, your agency will represent you if you were acting within the scope of your duties. However, there are times when your actions fall in those "grey areas" where you are left wondering if you are going to have to pay your own legal expenses. The possibility of mortgaging your home, or having a lien placed on your assets by an overzealous plaintiff are troubling thoughts. In my opinion, agents and investigators should strongly consider professional liability insurance, regardless of your rank. The staff at FEDS understand the issues faced by law enforcement professionals so they are well suited to design a policy to fit your needs.” - Michael R. Bouchard, Assistant Director, ATF (Retired)
Questions? Call 866-955-FEDS or Contact Us Online