Skip to Main Content
employment

Veterans Affairs (Dept.)

Szuggar & Barton, et al. v. The United States of America
Court File No. 1:19-cv-00440 (United States Court of Federal Claims)

On March 25, 2019, we filed a case against the Department of Veterans Affairs (“VA”) for intermittent/part-time registered nurses who were not converted to a permanent position after two or more years.   

The nurses bring their claims under the Back Pay Act, 5 U.S.C. § 5596 and assert the VA violated 38 U.S.C. § 7405(g). They seek unpaid wages and benefits.

To learn more, see the Additional Information tab below or contact the case clerk, Louis Hunter, at lhunter@nka.com or (612) 256-3224.

Am I eligible?

If you were appointed by the VA as an intermittent, part-time registered nurse since March 22, 2013, you completed the two-year probationary period, and you were not converted to a non-temporary benefited appointment, you may be eligible to make a claim for unpaid wages and benefits. 

Case Updates

  • May 20, 2019

    Part-Time Registered Nurses File Nationwide Wage Action Against the Department of Veterans Affairs

    On May 14, 2019, two part-time/intermittent registered nurses (RNs) represented by Nichols Kaster, PLLP, filed a first amended complaint against the Department of Veterans Affairs (VA).  The RNs bring the case as an opt-in class action under the federal Back Pay Act (38 U.S.C. Sec. 7401 et. seq.) due to the VA’s failure to convert the employment status of part-time/intermittent RNs to a permanent benefitted position after they completed a two-year probationary period.  The plaintiffs assert that federal law generally requires the automatic conversion of their position to permanent at two years, that the VA failed to make that conversion, and that they were denied pay and benefits as a result.  They seek to include other similarly situated part-time/intermittent RNs from across the country who worked for the VA for at least two years during the past six years.

    According to Class Counsel Michele Fisher, “The VA provides medical care to veterans with a staff of medical professionals who are hired through a system of appointments that are controlled by law. That law provides that part-time/intermittent RNs who provide two years of service must receive the benefit of being converted to a permanent benefitted position. Through this lawsuit, we seek to remedy this failure by the VA toward its nurses.”

    The RNs are represented by James Kaster, Michele Fisher, and Jay Eidsness of Nichols Kaster, PLLP.  The case is entitled Szuggar and Barton et al v. The United States of America, Case No.: 1:19-cv-00440-LAS (Ct. Fed. Cl.)

    Additional information about the case may be found at www.nka.com or by calling Nichols Kaster, PLLP at (612) 256-3200.

Additional Information

How Do I Join This Case?

To join others in making a claim, you must complete a Plaintiff Consent form.  This form will be filed with the Court. To complete and submit the form electronically, click here.

What Time Frame Does This Case Cover?

There is a time limit under the federal law called a statute of limitations that allows an employee to recover unpaid wages and benefits that covers, at a maximum, six years from the date the Complaint was filed.  In order to preserve your claim, you must file a Plaintiffs Consent form.

Do I Have to Pay Anything?

No, you will not have to pay us anything out of your own pocket.  We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or an award, and that payment will only come out of that settlement or award. 

How Long Will This Case Take?

The length of this kind of lawsuit varies from case to case, but they typically last one to three years.

Is There Money Available Now?

No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for participating in the lawsuit.

How Can I Help?

If you know of any registered nurses who may be interested in making a claim for unpaid wages and benefits, they should contact us to determine whether they may be eligible to make a claim.

How Do I Learn More?

To learn more about this case feel free to contact the case clerk, Louis Hunter, at lhunter@nka.com or call (612) 256-3224.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Read full Disclaimer.