Tag: discipline

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.

Dealing With… Hostile Work Environment

Note, this article is part of our continuing series of articles titled “Dealing With….”.  This special series is designed to provide simple practical advice of immediate usefulness to federal employees (and even local and state employees to a certain degree) dealing with…

Can It Hurt To Have A Union Representative?

There is a prevailing theory that it is usually better to have union representation, than not have union representation, given such need.  While we are certainly proponents of labor organizations and their representational roles, particularly since we have been on…

Dealing With… Notice of Proposed Suspension

Note, this is our first article in a series of articles titled “Dealing With….”.  This special series is designed to provide simple practical advice of immediate usefulness to federal employees (and even local and state to a certain degree) dealing with…

Last Chance Agreements

Last chance agreements (LCA’s) and settlements contain terms agreed to by an 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…

Time is Critical

Recently, our consultants were contacted by clients notified by their respective agencies that the agency was proposing removal from employment.  In all cases, the affected employees (clients) waited to contact a consultant until well after they received the notice of proposed…

The “Agency File” MSPB Schedule 752

If you recognized the title of this article, chances are you are an Employee Labor Relations practitioner (some capacity) in the field of federal employee labor relations or you are the unfortunate appellant concerning some type of adverse action.  This…

Opportunity for Discovery

Since the primary purpose of this site is to provide immediately usable advice to federal employees, this article will not present a treatise on discovery theories, methods, or strategies in MSPB or EEO proceedings (consult your Master Agreement for discovery…

More Douglas Factors

In a previous post, we provided a brief introduction and explanation concerning the Douglas Factors.  Be sure to read that post before reading this post.  In this post, we are going to demonstrate one method of incorporating a response to…

Douglas Factors

In determining a penalty in disciplinary and adverse actions, an agency should consider a number of factors.  If the agency does not, upon appeal, these factors will be considered before an adjudicating authority. Affected employees must be aware of these factors…

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. It is the most convenient and…

Social Media in Fed Workspace

Social Media and the Federal Workplace are on a Collision Course  Facebook, Twitter, Instagram, 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.  Many…

FAQ: When to Contact a Consultant

Question: “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?” Answer:  As soon as possible.  This…

Make the Most of Our Initial Call

How to Maximize our Initial No Obligation Phone Call As you may know, our Consultants provide initial no obligation consultations.  This is our opportunity, and yours, to determine whether our services will be useful to you.  Often, our initial consultation…

Constructive Suspensions

When is a Suspension a Suspension Cutting right to the point and using general terms, a federal agency is empowered to (more common scenarios), Force federal employees to use accumulated leave (enforced leave) Force federal employees into a Leave Without…

Little Things: Proving Delivery

Little Things Can Add Up The issue of “delivery,” “notice,” “timely notice,” “timely delivery,” or any of it’s variants sometimes surfaces in administrative litigation such as grievances, disciplinary actions, adverse actions, EEO complaints, arbitration, etc…  As we instruct our both our…

Probationary Employee? Maybe Not.

Increasing Confusion and Mistakes Among Agencies Consultants from InformedFed are reporting 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.  This situation…

FAQ: Ward Violations

Question: “What is a Ward Violation?” Answer:  Without getting too technical, 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…

FAQ: Resignation and Crime Provisions

Question: “My agency suspended me indefinitely under the crime provisions. I have 2 questions: a) Can I resign/request removal before my agency completes an investigation? b) If separation is granted(?), would I be able to request full withdrawal of my…

MSPB: No Right to Counsel

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 before the Board concerning her removal (“firing”) from the Internal Revenue Service. The appeals…

FAQ: Timeliness in Discipline

Question “Can a disciplinary action be challenged for timeliness if the employee has been on administrative duty for two years awaiting the completion of a misconduct investigation and presentation of the actual charges.” Answer We will give you one of our more…