Tag: EEO

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….

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.

Federal EEO Complaint Process

Clarifying the EEO Process in Federal Sector During the past two years, we noticed many federal agencies deviating from a clearly defined, though not stringent, EEO complaint process (see, EEOC MD-110).  It is important to realize federal agencies control the…

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?”

When to Settle an EEO Claim

An EEO Complaint may be settled at any time during the entire process from Informal Counseling (precomplaint stage) to EEOC Hearing.  Many Complaints are settled between the formal complaint and the Final Agency Decision (Hadley).

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?

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.  

Federal EEO Claims and Basis

As we discussed in many other articles and tell our clients in every initial briefing concerning EEO complaints, EEO complaints are unknowingly won or lost on initial contact with an EEO Counselor (informal stage). 

EEO Report of Investigation

The importance of a quality ROI product cannot be overstated.  The ROI will be heavily relied upon by agency attorneys to determine if settlement is appropriate.  EEOC judges will rely on the ROI as the official record of the case in arriving at their decision.

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.

Making Initial Contact: EEO

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.