Articles cover the wide range of federal administrative litigation and personnel actions affecting federal employees. Topics include, but are not limited to, federal and public employee discipline, adverse actions, removals, demotions, disciplinary reassignments, EEO, Unfair Labor Practice complaints, grievances, arbitration, and other federal and public sector (State and local) administrative litigation and personnel matters
Navigating Discontinued Service Retirement Under FERS Federal employees are facing a barrage of attacks and a historically unprecedented threat of mass terminations through involuntary separations. For federal employees covered by the Federal Employees Retirement System (FERS), unexpected job loss can…
Understanding a Controversial Federal Employment Classification Schedule F became a point of contention in federal employment discussions, particularly during the latter part of the first Trump administration. It’s crucial to understand what it is (and was or could be yet…
Recently, I shared some advice for new federal employees. This advice was the same counsel I provided to my daughter when she embarked on her federal career. My intention was to establish a baseline of knowledge for her, a new…
During his presidential campaign, President-Elect Trump claimed he disavowed Project 2025 and “knew nothing” about it. As he rarely remembers how he lied last time, Trump has since reversed course and now admits he knew about Project 2025 and the…
Basics of Eligibility for Within Grade Increases (WIGI) WIGIs apply to federal general schedule employees who occupy permanent positions and are at less than the maximum rate of their grade. See, 5 CFR 531.402 (a). Contrary to wide-spread belief, Within Grade Increases (WIGI),…
Federal employees facing a Reduction in Force (RIF) is a real threat as of the posting of this article. Since the 2024 Presidential Election results, the establishment of the “Department of Government Efficiency” (DOGE) and the appointments of cartoonish like individuals…
Our Political Background We endorse Kamala Harris because Democracy matters. For over a decade, our group has refrained from expressing political opinions, focusing instead on federal employee pay, benefits, and employment due process—all of which were attacked by Mr. Trump.…
If implemented, components of the now infamous Project 2025 will specifically target all aspects of federal employee pay and benefits, much in the same way MAGA Republicans proposed in March of 2024.
The term “evidence file” has many applications in the administration of certain personnel actions in the spectrum of federal employee and labor relations. “The evidence file” is often associated with a disciplinary (suspension of 14 days or less, reprimand, admonishment) or…
As stated earlier, the PCI form appeared a significant departure from previous discovery and acknowledgement order processes, authorized via an EEOC Acknowledgement Order, that seemingly intended to significantly limit discovery. However, it appears the EEOC discontinued use of the PCI form as of January 10, 2024, as indicated by the screen shot below of an acknowledgment order recently received by a client dated February 7, 2024.
Requests for Admissions in the EEOC discovery phase is a very important, but often underrated component of discovery. It now appears at risk.
An EEOC or MSPB Motion for Stay is made by one party (sometimes both parties in a joint motion) in an EEOC (Equal Employment Opportunity Commission) or MSPB (Merit Systems Protection Board) case to temporarily halt the proceedings of the…
An EEOC scheduling order is a formal document issued by an EEOC Administrative Judge that sets out the timeline and deadlines for various stages of the EEOC hearing process. This Order is typically issued just prior to the start of…
Damages in Federal Sector EEO cases are specific. Compensatory damages are awarded to compensate an individual for actual losses suffered as a result of discrimination in the workplace. These damages are intended to make the individual whole by reimbursing them…
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,…
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…
We often receive inquiries from prospective clients who are involved in some type of administrative personnel litigation and are confused. This confusion typically relates to the unfamiliarity and complexity of certain actions such as a proposed removal or disciplinary action,…
In the federal sector, following initial EEO contact, an initial EEO interview session will be conducted in accordance with law regulation.
An adverse action may assist a federal employee in applying for FERS disability. This is generally referred to as the “Bruner Presumption”.
As federal employees begin returning to the office or otherwise contend with instructions to do so, it is important they understand implications for decisions in not returning to the office as instructed.
Pandemic and Post Pandemic federal employee travel will be a key area of employment impacted by societal changes resulting from the Pandemic.
FEHB and disabled dependents is a topic not usually encountered in the administration of federal employee benefits.
End of year performance awards can be a highly contentious issue. This time of year we receive an incredible number of inquiries from federal employees concerning annual performance appraisals and associated (linked or unlinked) “bonuses”. It should be noted that these…
Mandatory COVID Vaccinations as an emerging condition of employment in federal sector is a hot button issue. Employees have little choice.