In the representation of federal employees, an attorney's willingness to appeal a case out of the administrative EEO/MSPB case resolution system is critical to obtaining significant settlements during the administrative process. Like many practitioners in this field, Mr. Shoemaker has successfully resolved many cases in the government's administrative hearing and settlement process. Unlike many practitioners in the field, however, Mr. Shoemaker is willing to appeal cases to U.S. District Court (for jury trial) when he is not satisfied with the administrative result. Mr. Shoemaker has appealed eight such cases in which the government made an administrative finding adverse to the employee or in which no settlement offer was made at all during the administrative process. On appeal to U.S. District Court, he obtained the following results in these eight cases:
- In two cases, Mr. Shoemaker obtained six-figure recoveries for his clients;
- In one case Mr. Shoemaker obtained a $90,000 recovery for his client;
- In one case, Mr. Shoemaker represented a terminated government employee who was reinstated to his job and awarded $17,000 in fees and costs;
- In two cases, Mr. Shoemaker's clients received recoveries of approximately $15,000 and $40,000, respectively;
- Two cases resulted in no recoveries.
The important point here is not just the individual recoveries themselves, but Mr. Shoemaker's willingness to take these cases to federal court when circumstances warrant. When government counsel knows that their opponents are willing to take the matter out of the administrative case resolution process to federal court, there is a greater likelihood of a favorable settlement early in the administrative process.