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.
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.
While many situations may in fact be “adverse” or otherwise objectionable to the employee from their perspective, not all situations and appeals will result in an outcome favorable to the employee.
Recently, a Federal employee argued the Merit Systems Protection Board (MSPB) “abused its discretion” by failing to appoint (and pay for) an attorney to represent her.
Question “Can a disciplinary (suspension w/out pay of 14 calendar days or less) or adverse (suspension w/out pay of 15 calendar days or more, demotion, or removal) action be challenged for timeliness if the employee has been on administrative duty…
Federal employees faced with removal possess the ability to resign prior to the effective date of the removal action. Employees otherwise eligible for retirement maintain the ability to retire prior to and after the effective date of removal.
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.
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….
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).
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.
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 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?”
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?
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.
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.
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.
This article is intended to introduce the concept and purpose of an “Agency File” subsequent to a Merit Systems Protection Board Acknowledgement Order (AO).
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.
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.
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.
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.
Employees should understand that just as the affected employee can serve discovery requests upon the agency, the agency can serve discovery requests upon the affected employee.
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.