Steven L. Herrick

Practice Details

• Firm Information
  Position

  Managing Partner

  Firm Name

  Tully Rinckey, PLLC
• Representative Cases & Transactions
  Cases

  Representative Matters: Steven L. Herrick - Darrell Crawford v. Dep't of the Army - Obtained decision from the Merit Systems Protection Board that the Army violated his rights under the Uniformed Services Employment
  Reemployment Rights Act by failing to reemploy him in a proper position after his return from active military duty.
  Steven L. Herrick - James Townsend v. JP Morgan Chase - Obtained settlement in which defendant, who had effectively demoted client upon his return from service in violation of USERRA, reassigned client to the position he occupied before leaving for military service. Defendant also paid client's attorney fees. Due to Tully Rinckey PLLC's aggressive case strategy, the Department of the Army agreed to settle the case
  pay the client $150,000, which included back pay with interest
  benefits, plus one year of salary,
  full reimbursement of attorneys' fees. Moreover, the Agency agreed to expunge the proposal
  decision to remove from the employee's entire record, create a successful rating for the client's 2009 performance evaluation as well as produce a neutral reference for employment purposes.
  Steven L. Herrick - Isabella v. Department of State - Appellant Isabella applied to the Department of State (DOS) for a Defense Security Service appointment. DOS refused to hire him because his 37th birthday was approaching before they could get his application processed. He appealed to the MSPB who rejected the DOS claim due to the law that requires a federal agency to waive the maximum age rule when hiring a veteran unless they can prove that the age limit rule would be essential to the job duties. The MSPB rem
  ed the case to the Administrative Judge who ruled in favor of DOS. Appellant appealed to the MSPB again, who reaffirmed its decision that the age rule cannot be applied. MSPB ordered DOS to process Appellant's application. In this case, the OPM intervened, saying that the MSPB's decision would severely impact civil service law. MSPB once again reaffirmed its original decision. The Agency originally removed the employee from federal employment due to alleged sexual harassment. However, while deposing the alleged victim, Tully Rinckey PLLC got her to acknowledge that the incident in question could have been unintentional conduct,
  the Deciding Official testified that he would not have removed the employee if the alleged conduct was in fact not deliberate. Further, through discovery, Tully Rinckey PLLC was able to establish that the Proposing Official was not a credible person
  had ulterior
  improper motives for the employee's removal.