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.
Significant confusion exists across the federal workforce concerning telework authorized as a result of the COVID-19 pandemic and national emergency and subsequent social distancing efforts. As agencies begin recalling workers, we are experiencing an increase in calls concerning telework in the context of the pandemic.
Employees engaged in pro se administrative litigation (for example, EEOC complaints or MSPB appeals) often just seek assistance during specific components of a process in an effort to save money.
The new trend, which appears to have emerged from “pilot program” status, seeks to streamline case processing in connection with EEOC pre-hearing procedures.
An unpleasant work environment is not the same as a hostile work environment (HWE) within the meaning and application of actionable discrimination law and concepts.
Whistleblowing involves disclosure of information an employee or applicant reasonably believes evidences a violation of law, rule, or regulation; gross mismanagement; gross waste of funds; abuse of authority; or a substantial and specific danger to public health or safety.
One of the most common questions we receive concerns the Federal Equal Employment Opportunity (EEO) complaint process. Yes, without question, the process can be confusing to the uninitiated. This is why there are numerous published EEO complaint process charts.
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….
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.
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 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?”
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).
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?
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.
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).
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.
Successful EEO complaints can be based on subtle actions over a period of time and on a myriad of basis such as age, retaliation, color
Although there is never a guarantee of success in filing and EEO complaint, a consultant can tip the odds in your favor dramatically.
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.
Federal employees often make decisions based on significant misunderstandings concerning personnel processes. In some cases, this can lead to disastrous outcomes.
Failure to State A Claim in EEOC under Title 29 can lead to dismissal of EEO claims for federal employees.
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.
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.