Tag: appeal

Consultant or Attorney? It’s your choice.

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…

Proving Delivery

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. 

MSPB or Arbitration in Federal Sector?

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.

Timeliness in Disciplinary & Adverse Actions

Timeliness in Disciplinary & Adverse Actions This question involves the general topic of timeliness in disciplinary adverse actions. “ “Can a disciplinary (suspension w/out pay of 14 calendar days or less) or adverse (suspension w/out pay of 15 calendar days…

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 Suspension in Federal Suspension

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….

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.

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…

Making Initial EEO Contact to File a Complaint

Initial contact with an EEO Counselor is a seemingly simple, but incredibly critical task to preserve appeal rights.  This is the very first step in filing an EEO complaint and must be accomplished within forty-five days of the agency’s alleged…