Tag: suspension

Proving Delivery

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.

Responding to Proposed Suspensions

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.

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…

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.

Your Official Personnel Folder (OPF)

Take the Time to Check Your Official Personnel Folder Every federal employee should make time to check their Official Personnel Folder (OPF) at least once a year.  We also recommend you download a complete copy (it is an option). Since…

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?

Crime Provisions Affecting Federal Employees

Background Question “My agency proposed I be indefinitely suspended under the ‘crime provisions.’ What is that?” Response Office of Personnel Management (OPM) regulations (5 CFR 752.402(e)) permit agencies to place employees on indefinite suspension pending completion of investigation or criminal proceedings when…

Last Chance Agreement in Federal Service

Last chance agreements (LCA’s) and settlements contain terms agreed to by an (federal) employee, or former employee, and the agency, in which the employee is provided an opportunity to retain (or return to) employment, usually when the agency would otherwise remove, or did in fact already remove, the employee from federal employment.