Temporal proximity is a legal term used to link events that occurred relatively close to each other. Application of this term predominantly arises in connection with EEO complaints, (post) Reasonable Accommodation claims (reprisal), and whistleblower claims in the federal sector,…
Category: Articles
Articles cover the wide range of federal administrative litigation and personnel actions affecting federal employees. Topics include, but are not limited to, federal and public employee discipline, adverse actions, removals, demotions, disciplinary reassignments, EEO, Unfair Labor Practice complaints, grievances, arbitration, and other federal and public sector (State and local) administrative litigation and personnel matters
Are Douglas Factors Required?
We often receive calls from prospective clients who believe their due process was violated because the agency failed to conduct a Douglas Factors analysis in connection with a proposed action. Some unions have even advised federal employees that an agency…
The Initial Case Assessment
We often receive inquiries from prospective clients who are involved in some type of administrative personnel litigation and are confused. This confusion typically relates to the unfamiliarity and complexity of certain actions such as a proposed removal or disciplinary action,…
Initial EEO Interview Session
In the federal sector, following initial EEO contact, an initial EEO interview session will be conducted in accordance with law regulation.
Bruner Presumption
An adverse action may assist a federal employee in applying for FERS disability. This is generally referred to as the “Bruner Presumption”.
Returning to the Office
As federal employees begin returning to the office or otherwise contend with instructions to do so, it is important they understand implications for decisions in not returning to the office as instructed.
Pandemic and Post Pandemic Federal Employee Travel
Pandemic and Post Pandemic federal employee travel will be a key area of employment impacted by societal changes resulting from the Pandemic.
Disabled Dependents and FEHB
FEHB and disabled dependents is a topic not usually encountered in the administration of federal employee benefits.
Performance Awards
End of year performance awards can be a highly contentious issue. This time of year we receive an incredible number of inquiries from federal employees concerning annual performance appraisals and associated (linked or unlinked) “bonuses”. It should be noted that these…
Mandatory COVID Vaccinations
Mandatory COVID Vaccinations as an emerging condition of employment in federal sector is a hot button issue. Employees have little choice.
Protected Health Information (PHI or Medical Information)
The safeguarding and regulatory compliant handling of Protected Health Information (PHI), also referred to more broadly as medical information, in our opinion, presents one of the most significant risks for federal agencies and managers (particularly with an aging workforce and increased frequency…
Federal Agency Discovery Requests
Employees should understand that just as the affected employee can serve discovery requests upon the agency, the agency can serve discovery requests upon the affected employee.
Union Representative: Good or bad idea?
There is a prevailing theory that it is better to have a union representative (also commonly referred to as “union steward”), than not have a union representative, given such a need. We are certainly proponents of labor organizations and their…
Douglas Factors in Federal Employment
In determining a penalty in an adverse action, an agency should consider a number of factors. Among the many considerations are the “Douglas Factors” in certain situations. If the agency fails to make these considerations or is otherwise unable to prove…
Duty of Fair Representation and Federal Employees
Typical Duty of Fair Representation Inquiry Typical inquiries concerning the issue or concept of Duty of Fair Representation involves claims that the local union is incompetent, not active, or at the worst, corrupt. Such claims are actually not unusual. Many…
Leave Without Pay (LWOP) and OWCP Claims
Leave Without Pay (LWOP) in connection with Office of Worker’s Compensation Claims (DOL OWCP) is a source of confusion for federal employees, as well as agencies. In our experience, this is largely due to a number of misperceptions of affected employees…
Federal Employee Retirement (After Being “Fired”)
Federal employee retirement benefits are often an enigma. From annuity calculations, supplemental benefits, deferrals, the role of social security, and a host of other questions we receive. However, one of the most requests we receive is whether an employee loses…
Resignation and Crime Provisions in Federal Service
Resignation and crime provisions do not conflict. You can resign from your position at any time and do not need agency approval to resign.
EEOC PCI : Preliminary Case Information Order
As of the publication date of this article, the EEOC PCI process is a relatively new development that will affect all case processing.
Grievance Presentation
Grievance Presentation by federal and state level unions rely on negotiated grievance procedures primarily for contract enforcement.
Grievance Timeliness Issues in the Workplace
Grievance timeliness is often misunderstood by (particularly new) union representatives and employees. Yet, it is a critical factor.
Proving Delivery
In Morgan v. Department of Veterans Affairs, 108 LRP 7740 , EEOC No. 0120080380 (EEOC OFO 2008), a tracking slip showing a notice of right to file was left at a complainant’s doorstep. However, it was not conclusive evidence the complainant actually received the notice on that day.
Performance Awards & Negotiable Aspects
In general, awards in the federal service are not considered an entitlement. That statement is the prevailing guiding principle. However, in 1997 the Office of Personnel Management (OPM) issued significant rules deregulating performance management systems and related awards.
Should You Resign From Your Position?
“Last week they [federal agency] decided to fire me. Should I resign my position? If I resign, what will show in my OPF?”
Support of Black Lives Matter in Federal Workplace
The guidance places the Office of Special Counsel at odds with the White House concerning the official government view of BLM.