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.
Category: EEO
Articles concentrating on the wide range of EEOC litigation affecting federal and public (state and local) employees. We provide information regarding all aspects of EEO litigation including identifying valid complaints, case management, filing complaints, structuring claims to meet administrative requirements, preparing for settlement negotiations (mediation), hearing preparation, building a case, evidence, and other matters in support of EEO litigation.
Performance Appraisals: Mid-Year Reviews
Performance evaluations, also called performance appraisals, performance ratings, and performance management, can be controversial for a number of reasons.
When to Contact a Consultant
“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?”
When to Settle an EEO Claim
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).
Why is the EEO System So One-Sided?
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?
What is MSPB e-File?
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.
Opportunity for Discovery
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.
Due Process in Federal Service
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.
Performance Appraisals for Federal Employees
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.
Federal EEO Claims and Basis
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).
EEO Report of Investigation
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.
Social Media in Fed Workspace
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.
Leveraging the EEO Process
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
Leveraging the Federal Employment EEO Process
Although there is never a guarantee of success in filing and EEO complaint, a consultant can tip the odds in your favor dramatically.
What Your Union Doesn’t Know Can Hurt You
The representation of federal employees in discipline and adverse actions is complicated. In our experience, most local labor unions are not technically prepared to provide such representation to safeguard an employee’s career and future financial security.
Administrative Leave & Authorized Absence
The terms Administrative Leave and Authorized Absence are essentially synonymous (we will use the term Administrative Leave for the purposes of this post). Further, we distinguish that for the purpose of this article, we are not addressing such leave used by union representatives for official time related to union activities.
Failure to State (EEO) a Claim
Failure to State A Claim in EEOC under Title 29 can lead to dismissal of EEO claims for federal employees.
Are You Required to Invoke FMLA?
If a federal employee has sufficient leave balances there is no requirement the affected employee first be approved under the FMLA prior to a supervisor approving the use of accrued sick leave (SL) or accrued annual leave (AL) in lieu of sick leave
United States Postal Service Employees
United States States Postal Service employees have what is best described as unusual federal employee/employment status. Specifically and to the point, U.S. Postal Service employees are in the excepted, not competitive, service.
Making Initial Contact: EEO
Initial contact with an EEO Counselor is a seemingly simple, but incredibly critical task to preserve appeal rights. This is the very first step in filing an EEO complaint and must be accomplished within forty-five days.
Last Chance Agreements
Last chance agreements (LCA’s) and settlements contain terms agreed to by an (federal) employee, or former employee, and the agency, in which the employee is provided an opportunity to retain (or return to) employment, usually when the agency would otherwise remove, or did in fact already remove, the employee from federal employment.