Category: Federal Employee Rights

Articles covering federal employee rights in the workplace. Most articles are applicable to state and local public employees as well.

FAQ: Ward Violations

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. 

Check Your OPF

Every federal employee should make time to check their Official Personnel Folder (OPF) at least once a year.

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.  

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.

Excused Absences for Inclement Weather

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). 

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.

What Are Crime Provisions?

Office of Personnel Management regulations permit agencies to place employees on indefinite suspension pending completion of criminal proceedings.

SF 50 Codes (Nature of Action & Legal Authority)

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…

E-Mail Monitoring at Work

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.

Role of ELR Specialists

The primary role of an agency ELR Specialist is to provide expert consultative and transactional services to agency supervisors, managers, and executives concerning federal sector employee and labor relations.  Sometimes, these specialists are even further sub-categorized as to specialties.

Consulting Questions

These questions are our most frequently asked concerning consulting services for federal employees.  Though we try to provide as much information as possible, you may have a question not included here.  Please feel free to contact us.