Steven L. Herrick (Retired)

Effective June 30, 2022, Steven Herrick has retired from Tully Rinckey PLLC and the practice of law.

Steve was previously the Managing Partner of the San Diego, Calif., office of Tully Rinckey PLLC and the primary Consult Attorney for matters relating to federal sector labor and employment law throughout the country.

With over 35 years of experience in all facets of litigation, Steve provides counsel to clients across a broad spectrum of employment-related matters. Steve practices before federal and state courts, the Merit Systems Protection Board (MSPB) and the Equal Employment Opportunity Commission (EEOC), as well as representing clients in arbitration, mediation and agency proceedings. Steve also is available to address private employment law matters in the states of California and New York, as well as the District of Columbia.

Steve’s commitment to representing service members, veterans and the federal workforce came following his son’s deployment to Iraq. Steve joined Tully Rinckey PLLC in March 2006, first managing the firm’s corporate, commercial and municipal litigation practice. He then moved to Washington, D.C. where he opened the firm’s office in 2008 and transitioned into the area of employment law. In 2014, he passed the California Bar, moved to San Diego and opened the firm’s office there. Although Steve continues to handle business litigation for the firm, the majority of his practice is devoted to federal and military employment rights and benefits.

Prior to joining Tully Rinckey PLLC, Steve served as a partner with the full-service Long Island law firm of Farrell, Fritz, P.C. As co-head of the firm’s sophisticated commercial litigation department, he represented many high-profile clients in complex matters, conducted numerous trials and frequently argued cases in the appellate courts. Steve formed his own firm in 1991, where he continued his successful litigation practice first on Long Island, and then in the Albany, N.Y. area.

After graduating with honors from Tufts University, Steve earned his law degree from the prestigious University of California, Berkeley (Boalt Hall) School of Law. Following law school, Steve served as confidential secretary to the Justices of the Appellate Division, Second Department, a state appeals court for whom he prepared case memoranda and opinions on both appeals and motions.

Steve is a member of the California, Washington, D.C. and New York State bars and is admitted to practice in Federal trial and appeals courts in all three jurisdictions. He has been admitted pro-hac vice to practice in specific matters in courts from Virginia to Alaska.

Steve was selected as the 2009 legal columnist for the Washington Business Journal. His “Capital Counsel” column provided legal advice to employers and employees attempting to navigate the complex rules and regulations of the workplace. Various media outlets have interviewed Steve regarding employment law matters, including the National Law Journal, Government Executive and Federal Daily.

Steve is a past member of the Judicial Officer Screening Committee for the Tenth Judicial District in New York. He has lectured on New York civil practice at both professional associations and law schools and is a former adjunct professor of New York practice at Touro Law School. For more than a decade, Steve served as a Board Member and Officer of Harbor Child Care, Inc., a nationally accredited not-for-profit provider of child-care services.

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 and 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 and pay the client $150,000, which included back pay with interest and benefits, plus one year of salary, and full reimbursement of attorneys’ fees. Moreover, the Agency agreed to expunge the proposal and 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 remanded 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, and 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 and had ulterior and improper motives for the employee’s removal.

Court & Bar Admissions

• California
• District of Columbia
• New York State
• Schenectady County Bar Association
• Capital District Women’s Bar Association
  • United States Court of Appeals for the Ninth Circuit
• United States District Court for the Central District of California
• U.S. Court of Appeals for the Federal Circuit
• U.S. Court of Appeals for the District of Columbia Circuit
• U.S. District Court for the District of Columbia
• U.S. Court of Appeals for the Second Circuit, New York
• U.S. District Courts for the Northern, Southern and Eastern Districts of New York

Education

• JD: University of California-Berkeley (Boalt Hall)
• BA: Tufts University