Performance standards and plans are convoluted by years of wrongly held preconceptions by all parties, layers of agency regulations, collective bargaining terms, statutory law, federal regulations, and a body of seemingly confusing and contradictory case law.
The world of federal employee labor relations, like other similar fields of practice, is incredibly nuanced. Many times, we are asked the difference in such nuances and mixed cases and appeal definitions are constant questions.
In retrospect, stating the complaint and appeal on the front end turned out to be 99% of wining the case on the back end.
Clarifying the EEO Process in Federal Sector During the past two years, we noticed many federal agencies deviating from a clearly defined, though not stringent, EEO complaint process (see, EEOC MD-110). It is important to realize federal agencies control the…
A Ward violation (Ward v. USPS, 111 FMSR 183 (Fed. Cir. 02/17/11) occurs when a deciding official considers information not previously noticed to the employee via the proposal notice.
Performance evaluations, also called performance appraisals, performance ratings, and performance management, can be controversial for a number of reasons.
“When should I contact a consultant? Should I wait until the Agency proposes an action or makes a decision?” Also, “Will my union pay associated fees or help me in any other way?”
An EEO Complaint may be settled at any time during the entire process from Informal Counseling (precomplaint stage) to EEOC Hearing. Many Complaints are settled between the formal complaint and the Final Agency Decision (Hadley).
Administrative leave (also referred to as “excused absence”) is an administratively authorized absence from duty without loss of pay or charge to leave.
I was thinking about filing an Equal Employment Opportunity (EEO) complaint but did some research and found that less than 3% of people who file actually win. Why is this system so one sided?
The Merit Systems Protection Board (MSPB) e-file, also known as “e-Appeal” or “e-appeal online,” is an electronic method of filing your initial MSPB appeal, Pleadings, Addendum’s, as well as checking your existing case status.
We will introduce employees to the general concept of discovery in both MSPB (adverse actions including removal, demotion, etc.) and EEOC (EEO complaints) proceedings and encourage the employee who may be self-representing (Pro Se) to engage the process.
The false belief, almost legendary at this point, that “you can’t fire a federal employee” is absolutely absurd. This Merit Systems Protection Board (MSPB) report supports our view.
Supervisors have broad discretion in arriving at your end of year rating. If anyone else tells you different, they are lying to you or simply lack basic knowledge in federal personnel law.
Some confusion often arises concerning leave acquired through the Voluntary Leave Transfer Program (VLTP).
As we discussed in many other articles and tell our clients in every initial briefing concerning EEO complaints, EEO complaints are unknowingly won or lost on initial contact with an EEO Counselor (informal stage).
This article is intended to introduce the concept and purpose of an “Agency File” subsequent to a Merit Systems Protection Board Acknowledgement Order (AO).
The importance of a quality ROI product cannot be overstated. The ROI will be heavily relied upon by agency attorneys to determine if settlement is appropriate. EEOC judges will rely on the ROI as the official record of the case in arriving at their decision.
Facebook, Twitter, Instagram, Snap Chat, and a host of other social media tools are increasingly becoming a topic of conversation and disciplinary assessment in many Employee and Labor Relations sections.
Successful EEO complaints can be based on subtle actions over a period of time and on a myriad of basis such as age, retaliation, color
It would not be easy to determine if an agency or supervisor is monitoring your e-mail account.
Office of Personnel Management regulations permit agencies to place employees on indefinite suspension pending completion of criminal proceedings.
While it is true we could not have come up with a more boring title for this article, we frequently field questions concerning the SF-50 Notification of Personnel Action, and more specifically, the enigmatic Nature of Action and Legal Authority…
Although there is never a guarantee of success in filing and EEO complaint, a consultant can tip the odds in your favor dramatically.
Most agencies have in place redundant safeguards to prevent unauthorized surveillance of employee e-mail accounts. Typically, approval must be obtained from a division head and then IT approval, and finally, HQ approval.