Tag: MSPB

Whistleblowing

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 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.

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?”

What is MSPB e-File?

The Merit Systems Protection Board (MSPB) e-file, also known as “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.

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.  

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.

United States Postal Service Employees

United States States Postal Service employees have what is best described as unusual federal employee/employment status. Specifically and to the point, U.S. Postal Service employees are in the excepted, not competitive, service.