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 Appraisals: Mid-Year Reviews
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…
Your Official Personnel Folder (OPF)
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 to Contact a Consultant
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?
When to Settle 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).
No Right to Authorized Absence Unless…
The issue of authorized absence (also referred by many as excused absence or, administrative leave) can be confusing & discretionary.
Is the Federal EEO Complaint System Fair
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…
MSPB eFile is a Preferred Method of Filing
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 Opportunity
MSPB and EEO discovery processes, though complex and laborious, can significantly benefit employees in those forums.
Performance Rating for Federal Employees
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?”).…
Voluntary Leave Transfer Program (VLTP)
Some confusion often arises concerning leave acquired through the Voluntary Leave Transfer Program (VLTP).
EEO Claims and Bases Importance
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).
The “Agency File” MSPB Schedule 752
This article is intended to introduce the concept and purpose of an “Agency File” subsequent to a Merit Systems Protection Board Acknowledgement Order (AO).
EEO Report of Investigation (ROI)
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…
Excused Absence 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).