Professional Liability Insurance for Federal Managers  

If an allegation is made against you, the challenge is having the necessary expertise to defend yourself effectively. You will be dealing with a process that limits your rights and access to information. It will be both confusing and frustrating. And when under investigation, many of you will feel, rightly or wrongly, that you are guilty until proven innocent.

FEDS has represented IRS managers and employees facing allegations of inappropriate treatment of taxpayers in the course of official business. This has run the gamut from rudeness, to discriminatory treatment and intimidation. These types of allegations sometimes lead to further investigations into the individual’s employee practices and sometimes into investigations involving the practices of entire offices.

For example, you are all familiar with the investigation report regarding the management flaws in targeting conservative groups, stemmed from the Lois Lerner investigation. Over the course of your career, you only need to have one complaint made against you or someone in your office, to have your entire career decision making process put under a microscope. It has happened, and if it happens to you without FEDS Protection in place, you will spend a lot of your own time and money formulating your responses, articulating your reasons, practices or processes, and defending against the allegations and/or disciplinary process.

"On behalf of the Board of Directors of PMA and our nationwide members, PMA endorses FEDS PLI. This endorsement comes with the recognition that a number of our members have been represented by FEDS. FEDS' knowledge of the issues facing managers has been proven time and time again and that coupled with the benefits give PMA members peace of mind."

- Thomas R. Burger, Executive Director, Professional Managers Association 

TIGTA and congressional investigations involving IRS managers and employees can create complex situations that often blindside the employee we represent. These investigations often involve complex constitutional issues that need to be identified and handled appropriately. It is often the case that an IRS employee or manager has unknowingly or unintentionally violated the rules and maybe even a criminal statute. Not every manager receives the same type or amount of training, not every manager has an entirely seasoned and experienced staff, and with the amount of case files processed by all management teams, there are errors made. This, however, does not change the fact that a violation has occurred, or that the job of the TIGTA investigator is to uncover and prosecute violators. For those who have FEDS Protection, your attorney is often able to uncover a potential violation in the interview process which completely changes the course of the investigation and how you respond to the allegation – and often how the investigator proceeds with the investigation.

Additionally, the policy includes coverage – at no additional cost - for EEO matters and Office of Special Counsel (OSC) investigations that may require legal counsel. This coverage alone is worth $140 for every single IRS employee that manages other employees. Managers are often under the impression that they will ultimately be fine in EEO or OSC matters because there will be an attorney assigned to represent the agency. This attorney, however, is the agency attorney - not your attorney - and for many federal managers, there has come a time when the agency position is adverse to that of the manager. It is the job of this attorney to represent the agency – not the manager – which often takes managers by surprise. The consequences can be devastating regardless of where you’re at in your professional career or how many decades you’ve had an impeccable record.

Often to the detriment of employees and managers, the IRS will pander to complaining members of the public and the union in an effort to ensure that an allegation of mismanagement, whistleblower complaints, or fraud, waste and abuse is thoroughly investigated. These allegations can take a year or more to investigate and once again, may lead to entirely unrelated investigations involving an individual employee or the process of an entire office.

In addition to the public and the unions, complaints leading to investigations are also made by coworkers, special interest groups, and politicians – those already in office and those seeking election. Politicians often target IRS employees and processes because of the media attention it draws to the candidate. Very often, this type of public scrutiny and media involvement lead to extended or additional investigations involving IRS employees and managers. All too often, IRS managers and employees will contact us after an allegation is made – and the insurance will not cover the matter. The insurance must be in place prior to the allegation or claim or coverage will not apply. Like homeowner’s insurance, you can’t get the insurance when the kitchen is already on fire.

There are many PMA members who didn’t have coverage in place and needed representation for a No Fear Act investigation, UNAX allegation, 1203 and 1204 investigations, 6104 disclosure, TIGTA/OSC investigations, EEO investigations, ethics complaints and more. PMA recommends FEDS Protection and Congress mandated federal agencies to reimburse you for half the cost of the insurance. FEDS Protection isn’t a deal that’s too good to be true - it’s the way insurance works.

Note: Unlike some carriers, FEDS does not charge an extra $100 to cover EPLI type claims. Remember, not all EEO claims are the same, and if the agency attorney takes a position that is adverse to your own, it could you thousands to defend. Don’t forget the $10-member discount. Tell the FEDS representative you’re a PMA member or enter the discount code PMA when prompted.

 

 

Questions? Call 866-955-FEDS or Contact Us Online