An employee’s voluntary absence from duty is never appealable. In all instances of forced leave status (“enforced leave”) resulting in either 1) loss of pay for 14 days or less or 2) “loss” of leave of 14 days or less OR the placement of the employee into a status that….
Scanning Documents to Save Time
Background on the Need to Scan Documents Whether before MSPB, EEOC, FLRA, OSC, DOL, negotiated grievances, or arbitration cases, the litigation in these categories all have one thing in common- dealing with extensive documentary evidence; often mountains of scanning documents.…
Overtime Assignments in Federal Employment
Overtime is considered an assignment of work and a management right. However, procedures for distributing overtime have generally been determined to be negotiable.
Performance Standards & Plans Overview
Performance standards and plans are convoluted by years of wrongly held preconceptions by all parties, layers of agency regulations, collective bargaining terms, statutory law, federal regulations, and a body of seemingly confusing and contradictory case law.
Mixed Case or Mixed Appeal EEO Complaint
The world of federal employee labor relations, like other similar fields of practice, is incredibly nuanced. Many times, we are asked the difference in such nuances and mixed cases and appeal definitions are constant questions.
Recent Client Testimonial
Recent client testimonial from a client who utilized our services in support of an EEO complain regarding significant workplace issues.
EEO Complaint Process in the Federal Sector
During the past two years, we noticed many federal agencies deviating from a clearly defined, though not stringent, EEO complaint process.
Ward Violation (Due Process in Federal Sector)
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…