Tag: adverse action

Probationary Employee? Maybe Not.

Consultants from InformedFed experienced an increase in the number of cases in which a federal employee receives notice of  probationary period termination, but is in fact not an employee on probation. 

Constructive Suspensions

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….

Resignation and Crime Provisions

You can resign from your position in federal service at any time; you do not need agency approval to do this and you do not need the agency to “grant” you a resignation.  However, you would not want to “request removal” because in essence, you are asking to be removed (fired). 

Mixed Case or Mixed Appeal

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.

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. 

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?”

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.  

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.

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.

What Your Union Doesn’t Know Can Hurt You

The representation of federal employees in discipline and adverse actions is complicated.  In our experience, most local labor unions are not technically prepared to provide such representation to safeguard an employee’s career and future financial security.

Responding to Proposed Actions

During the course of your federal career, you may find yourself the subject of a proposed agency action.  Frankly, the longer your career and more complex your job functions, the greater this likelihood.

Last Chance Agreements

Last chance agreements (LCA’s) and settlements contain terms agreed to by an (federal) employee, or former employee, and the agency, in which the employee is provided an opportunity to retain (or return to) employment, usually when the agency would otherwise remove, or did in fact already remove, the employee from federal employment.