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…
The decision to engage the services of a consultant or attorney, or even relying on a union representative, arises often with serious federal workplace issues and personnel actions. When facing an adverse personnel action (such as removal, demotion, etc.), or…
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 do not conflict. You can resign from your position at any time and do not need agency approval to resign.
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 by federal and state level unions rely on negotiated grievance procedures primarily for contract enforcement.
Grievance timeliness is often misunderstood by (particularly new) union representatives and employees. Yet, it is a critical factor.
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.
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.
“Last week they [federal agency] decided to fire me. Should I resign my position? If I resign, what will show in my OPF?”
The guidance places the Office of Special Counsel at odds with the White House concerning the official government view of BLM.
Many practitioners, both union and agency, will cite MSPB management (agency) favorability statistics indicating MSPB favors the agency in outcomes. This is true, but somewhat skewed because most labor organizations will 1) send “bad cases” (those lacking merit) to the MSPB because there are no associated costs unlike arbitration and/or 2) send cases to MSPB because they lack funds to pay for arbitration.
In our case evaluation, we note many situations may be “adverse” or otherwise objectionable, not all situations and appeals are actionable.
Significant confusion exists across the federal workforce concerning telework authorized as a result of the COVID-19 pandemic.
Employees engaged in pro se administrative litigation (for example, EEOC complaints or MSPB appeals) often just seek assistance during specific components of a process in an effort to save money.