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.
Category: EEO
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.
MSPB Judge’s Handbook
Merit Systems Protection Board (MSPB) Judge’s Handbook and Guidance
Consultant or Attorney? It’s your choice.
federal employees at all grade levels must decided whether they will engage some form of representation or consultation in responding to, or appealing, the action or issue
Dealing With… Hostile Work Environment
Note, this article is part of our continuing series of articles titled “Dealing With….”. This special series is designed to provide simple practical advice of immediate usefulness to federal employees (and even local and state employees to a certain degree) dealing with…
Dealing with… Protected Health Information (PHI)
Note, this article is part of our continuing series of articles titled “Dealing With….”. This special series is designed to provide simple practical advice of immediate usefulness to federal employees (and even local and state employees to a certain degree) dealing with…
$900,000 Federal Agency EEO Settlement
Believe it or not—-It’s True On January 29, 2016, the Department of Housing and Urban Development, in federal district court, settled an EEO case with a federal employee for $900,000.00 (this is not a typo). In Lenkiewicz v. Housing and…
Dealing With… Proposed Changes to Working Conditions
Note, this is our second article in a series of articles titled “Dealing With….”. This special series is designed to provide simple practical advice of immediate usefulness to federal employees (and even local and state employee to a certain degree) dealing with…
Quick Word On Performance Appraisals & Bonuses
And we do mean, just a quick word………. This time of year we receive an incredible number of inquiries from federal employees concerning annual performance appraisals and associated (linked or unlinked) bonuses. Issues related to performance bonuses and appraisals can be…
Whistleblower Rights and Prohibited Personnel Practices
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. The…
Yet Another EEO Process Chart
One of the most common questions we receive concerns the Equal Employment Opportunity (EEO) complaint process. Yes, without question, the process can be very confusing to the uninitiated. This is why there are numerous published EEO complaint process charts. Here, we present…
MSPB Mock Hearing & Training
Whether you are new to Merit Systems Protection Board (MSPB) processes or already a practitioner, both MSPB and the Office of Personnel Management (OPM) provide valuable training materials. Among them are mock hearing video training sessions. These videos will give…
Performance Standards & Plans
The technical topic of performance standards and plans (standards are contained in plans) is typically confusing for federal managers, union officials, and employees alike. Performance standards and plans are convoluted by years of wrongly held preconceptions by all parties, layers of…
Due Process in Federal Service
MSPB Issues Comprehensive Report and Explanation As senior level Employee and Labor Relations Specialists, we can directly attest to the fact federal employees are routinely fired (removed from federal service). This Merit Systems Protection Board report supports our view. The MSPB…
Time is Critical
Recently, our consultants were contacted by clients notified by their respective agencies that the agency was proposing removal from employment. In all cases, the affected employees (clients) waited to contact a consultant until well after they received the notice of proposed…
Opportunity for Discovery
Since the primary purpose of this site is to provide immediately usable advice to federal employees, this article will not present a treatise on discovery theories, methods, or strategies in MSPB or EEO proceedings (consult your Master Agreement for discovery…
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). However, there are certain defined…
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. It is the most convenient and…
EEO Report of Investigation
Establishing the Official Case Record We previously covered the EEO Complaint process, which can be very confusing to the uninitiated. However, to recap in context, the Report of Investigation (ROI) follows the filing of a formal Complaint and is a…
FAQ: 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?