The Initial Decision by a Merit Systems Protection Board (MSPB) judge is a ruling made by a presiding administrative law judge that addresses a complaint or appeal filed by a federal employee or applicant for federal employment. The MSPB is…
Temporal proximity is a legal term used to link events that occurred relatively close to each other. Application of this term predominantly arises in connection with EEO complaints, (post) Reasonable Accommodation claims (reprisal), and whistleblower claims in the federal sector,…
Are Douglas Factors Required?
We often receive calls from prospective clients who believe their due process was violated because the agency failed to conduct a Douglas Factors analysis in connection with a proposed action. Some unions have even advised federal employees that an agency…
An adverse action may assist a federal employee in applying for FERS disability. This is generally referred to as the “Bruner Presumption”.
Federal Agency Discovery Requests
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.
Douglas Factors in Federal Employment
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…
Federal Employee Retirement (After Being “Fired”)
Federal employee retirement benefits are often an enigma. From annuity calculations, supplemental benefits, deferrals, the role of social security, and a host of other questions we receive. However, one of the most requests we receive is whether an employee loses…
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.
MSPB or Arbitration in Federal Sector?
Many practitioners, both union and agency, will cite MSPB management (agency) favorability statistics indicating MSPB favors the agency in outcomes. This is true, but somewhat skewed because most labor organizations will 1) send “bad cases” (those lacking merit) to the MSPB because there are no associated costs unlike arbitration and/or 2) send cases to MSPB because they lack funds to pay for arbitration.
Case Evaluation for Prospective Clients
In our case evaluation, we note many situations may be “adverse” or otherwise objectionable, not all situations and appeals are actionable.
Mediation and Settlement Service Announcement
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.
MSPB Right to Counsel Not Absolute
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.
Timeliness in Disciplinary & Adverse Actions
Timeliness in Disciplinary & Adverse Actions This question involves the general topic of timeliness in disciplinary adverse actions. “ “Can a disciplinary (suspension w/out pay of 14 calendar days or less) or adverse (suspension w/out pay of 15 calendar days…
MSPB Judge’s Handbook as a Resource
Reviewing the MSPB Judge’s handbook, whether you are a union representative representing an employee in an adverse action under appeal at the Merit Systems Protection Board, or you are an employee representing yourself, can prove a valuable resource and an…
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.
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 Suspension in Federal Suspension
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 EEO Complaint
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.
When to Contact a Consultant
When should I contact a consultant? Should I wait until the Agency proposes an action or makes a decision?” What about for an EEO Complaint?
MSPB eFile is a Preferred Method of Filing
The Merit Systems Protection Board (MSPB) e-file, also known as “efile”, “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…
MSPB and EEO Discovery Opportunity
MSPB and EEO discovery processes, though complex and laborious, can significantly benefit employees in those forums.
The “Agency File” MSPB Schedule 752
This article is intended to introduce the concept and purpose of an “Agency File” subsequent to a Merit Systems Protection Board Acknowledgement Order (AO).
Administrative Leave & Authorized Absence
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.