In determining a penalty in an adverse action, an agency should consider a number of factors. Among the many considerations are the “Douglas Factors” in certain situations. If the agency fails to make these considerations or is otherwise unable to prove…
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.
MSPB and EEO discovery processes, though complex and laborious, can significantly benefit employees in those forums.
This article is intended to introduce the concept and purpose of an “Agency File” subsequent to a Merit Systems Protection Board Acknowledgement Order (AO).