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.
In general, awards in the federal service are not considered an entitlement. That statement is the prevailing guiding principle. However, in 1997 the Office of Personnel Management (OPM) issued significant rules deregulating performance management systems and related awards.
“Last week they [federal agency] decided to fire me. Should I resign my position? If I resign, what will show in my OPF?”
The guidance places the Office of Special Counsel at odds with the White House concerning the official government view of BLM.
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.
In our case evaluation, we note many situations may be “adverse” or otherwise objectionable, not all situations and appeals are actionable.
Significant confusion exists across the federal workforce concerning telework authorized as a result of the COVID-19 pandemic.
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.
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.
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.
Federal union officials engaged in authorized (by agency) representational activities are covered by the Federal Employees Compensation Act (FECA). However, union representatives engaged in the internal business of a labor organization or not on authorized time are not covered.
An unpleasant work environment is not the same as a hostile work environment (HWE) within the meaning and application of actionable discrimination law and concepts.
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…
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.
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.
Federal employees faced with removal possess the ability to resign prior to the effective date of the removal action. Employees otherwise eligible for retirement maintain the ability to retire prior to and after the effective date of removal.
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.
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….
Overtime is considered an assignment of work and a management right. However, procedures for distributing overtime have generally been determined to be negotiable.
Performance standards and plans are convoluted by years of wrongly held preconceptions by all parties, layers of agency regulations, collective bargaining terms, statutory law, federal regulations, and a body of seemingly confusing and contradictory case law.
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.
During the past two years, we noticed many federal agencies deviating from a clearly defined, though not stringent, EEO complaint process.
A Ward violation (Ward v. USPS, 111 FMSR 183 (Fed. Cir. 02/17/11) occurs when a deciding official considers information not previously noticed to the employee via the proposal notice.
Performance evaluations, also called performance appraisals, performance ratings, and performance management, can be controversial for a number of reasons. For example, some agencies directly link performance ratings to performance award amounts, either as a flat rate cash award based on…