Reduction in Force – What Federal Attorneys Need to Know (Presented by the Federal Bar Association Federal Career Service Division)

Heather Tenney, Partner | Tully Rinckey PLLC

Heather Tenney, Esq., LL.M. is a Partner in Tully Rinckey PLLC’s military law, federal employment, and national security law practice groups. She currently serves as the primary attorney for consultation in these areas. Heather brought her skills as an advocate and negotiator to Tully Rinckey after honorably serving with the US Army’s JAG Corps, and the results speak for themselves. At the firm, she focuses on military law; federal employment, EEO and discrimination litigation; disciplinary investigation and MSPB litigation, disability retirement, and national security clearance representation. Heather’s representation in national security and security clearance cases range from high level military officers to covert operation officers of the CIA, NRO, FBI, DIA and a range of other intelligence agencies. Heather currently serves as Treasurer for the National Security Lawyers Association (NSLA).

Heather possesses years of experience representing officers and enlisted service members in complex legal matters, including courts-martial, adverse command actions against troops such as administrative separations, Article 15 matters, and other forms of non-judicial punishments. Additionally, Heather protects service members from employment discrimination by asserting their rights under the Uniformed Services Employment and Reemployment Rights Act. As a Veteran, Heather is uniquely positioned to advise veterans in achieving optimal outcomes on claims and appeals for benefits that they have earned from the U.S. Department of Veterans Affairs. She assists veterans in upgrading their discharges to honorable and helps ROTC cadets avoid losing their scholarships. She advises individuals with federal debt issues, as well. Her knowledge of the federal government and the military allows her to also provide skilled representation in security clearance litigation, congressional and employment investigations, whistleblower retaliation, and disability retirement, and other federal employment matters. Heather represents federal and private sector employees in investigations and cases in front of the Merit Systems Protection Board (MSPB), the Equal Employment Opportunity Commission (EEOC) and the Office of Special Counsel (OSC).

Prior to joining Tully Rinckey PLLC, Heather was an attorney and advisor with the U.S. Army Claims Service. There she supervised, investigated and determined the appropriate course of action for tort claims including medical malpractice, wrongful death, personal injury, and property damage alleged against the

U.S. Army under to the Federal Tort Claims Act (FTCA), the Military Claims Act (MCA) and the Foreign Claims Act (FCA). Heather has insight that few attorneys possess regarding the way the military handles torts claims, which she uses to assist clients with their actions against the U.S. Government for damages.

Heather served as both a senior and trial defense counsel with the U.S. Army Trial Defense Service in Korea and at Fort Bragg, North Carolina. While with Trial Defense Service, she provided criminal and administrative legal services to a community of over 50,000 service members. She represented and advised soldiers at all phases of trial and administrative hearings. Heather began her career as a prosecutor and legal aid attorney in the Office of the Staff Judge Advocate in Fort Benning, Georgia.

I. Reduction in Force | 2:00pm – 2:10pm

II. Senior Executive Service Differences | 2:10pm – 2:20pm

III. Legal Challenges: Burden of Proof | 2:20pm – 2:30pm

IV. Legal Challenges: Specific Failures | 2:30pm – 2:40pm

V. Explanation of Affirmative Defenses within RIF | 2:40pm – 2:50pm

VI. Questions | 2:50pm – 3:00pm