Employees facing discipline must be responsive to the agency notice. It is important affected employees act quickly and immediately begin preparing a reply as appropriate. Even if an employee does not intend to challenge the proposed action, an employee may effectively mitigate the proposed action to a lesser degree or achieve an alternative outcome.
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.
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.
With the recent outbreak of severe weather, we received many inquiries from federal employees concerning Excused Absence (also called “Authorized Absence” and even “Administrative Leave” by some agencies).
The terms Administrative Leave and Authorized Absence are essentially synonymous (we will use the term Administrative Leave for the purposes of this post). Further, we distinguish that for the purpose of this article, we are not addressing such leave used by union representatives for official time related to union activities.
Failure to State A Claim in EEOC under Title 29 can lead to dismissal of EEO claims for federal employees.