Reviewing the MSPB Judge’s handbook, whether you are a union representative representing an employee in an adverse action under appeal at the Merit Systems Protection Board, or you are an employee representing yourself, can prove a valuable resource and an…
Whistleblowing involves disclosure of information an employee or applicant reasonably believes evidences a violation of law, rule, or regulation; gross mismanagement; gross waste of funds; abuse of authority; or a substantial and specific danger to public health or safety.
One of the most common questions we receive concerns the Federal Equal Employment Opportunity (EEO) complaint process. Yes, without question, the process can be confusing to the uninitiated. This is why there are numerous published EEO complaint process charts.
Federal employees faced with removal possess the ability to resign prior to the effective date of the removal action. Employees otherwise eligible for retirement maintain the ability to retire prior to and after the effective date of removal.
Consultants from InformedFed experienced an increase in the number of cases in which a federal employee receives notice of probationary period termination, but is in fact not an employee on probation.
An employee’s voluntary absence from duty is never appealable. In all instances of forced leave status (“enforced leave”) resulting in either 1) loss of pay for 14 days or less or 2) “loss” of leave of 14 days or less OR the placement of the employee into a status that….
Overtime is considered an assignment of work and a management right. However, procedures for distributing overtime have generally been determined to be negotiable.
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.
During the past two years, we noticed many federal agencies deviating from a clearly defined, though not stringent, EEO complaint process.
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. For example, some agencies directly link performance ratings to performance award amounts, either as a flat rate cash award based on…
Take the Time to Check Your Official Personnel Folder Every federal employee should make time to check their Official Personnel Folder (OPF) at least once a year. We also recommend you download a complete copy (it is an option). Since…
When should I contact a consultant? Should I wait until the Agency proposes an action or makes a decision?” What about for an EEO Complaint?
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).
The issue of authorized absence (also referred by many as excused absence or, administrative leave) can be confusing & discretionary.
Background Question I don’t think the federal EEO Complaint system is fair. I was considering filing a complaint but did some research and found less than 3% of people who file a complaint actually win at hearing. Why is this…
The Merit Systems Protection Board (MSPB) e-file, also known as “efile”, “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. It is the most convenient…
MSPB and EEO discovery processes, though complex and laborious, can significantly benefit employees in those forums.
We receive many inquiries surrounding a performance rating affecting a federal employee. Some inquiries are ambiguous (i.e., “can they rate me an Excellent?”) and some are very specific (i.e., “what are the minimum number of days of observed performance required?”).…
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).
Establishing the Official Case Record Through the EEO Report of Investigation We previously covered the EEO Complaint process, which can be very confusing to the uninitiated. However, to recap in context, the EEO Report of Investigation (ROI) follows the filing…
With the recent outbreak of severe weather, we received many inquiries from federal employees concerning Excused Absence (also called “Authorized Absence” and even “Administrative Leave” by some agencies).