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.
Category: Articles
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
Performance Appraisals: Mid-Year Reviews
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…
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?
When to Settle an EEO Complaint
An EEO Complaint may be settled at any time during the entire process from Informal Counseling (precomplaint stage) to EEOC Hearing. Many Complaints are settled between the formal complaint and the Final Agency Decision (Hadley).
No Right to Authorized Absence Unless…
The issue of authorized absence (also referred by many as excused absence or, administrative leave) can be confusing & discretionary.
Is the Federal EEO Complaint System Fair
Background Question I don’t think the federal EEO Complaint system is fair. I was considering filing a complaint but did some research and found less than 3% of people who file a complaint actually win at hearing. Why is this…
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.
Performance Rating for Federal Employees
We receive many inquiries surrounding a performance rating affecting a federal employee. Some inquiries are ambiguous (i.e., “can they rate me an Excellent?”) and some are very specific (i.e., “what are the minimum number of days of observed performance required?”).…
Voluntary Leave Transfer Program (VLTP)
Some confusion often arises concerning leave acquired through the Voluntary Leave Transfer Program (VLTP).
EEO Claims and Bases Importance
As we discussed in many other articles and tell our clients in every initial briefing concerning EEO complaints, EEO complaints are unknowingly won or lost on initial contact with an EEO Counselor (informal stage).
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).
EEO Report of Investigation (ROI)
Establishing the Official Case Record Through the EEO Report of Investigation We previously covered the EEO Complaint process, which can be very confusing to the uninitiated. However, to recap in context, the EEO Report of Investigation (ROI) follows the filing…
Excused Absence for Inclement Weather
With the recent outbreak of severe weather, we received many inquiries from federal employees concerning Excused Absence (also called “Authorized Absence” and even “Administrative Leave” by some agencies).
Social Media in Fed Workspace
Facebook, Twitter, Instagram, Snap Chat, and a host of other social media tools are increasingly becoming a topic of conversation and disciplinary assessment in many Employee and Labor Relations sections. Many social media related issues are beginning to percolate through…
Leverage the EEO Process If Needed
Federal Employees Should Leverage the EEO Process This article is not intended to serve as a treatise on filing an EEO complaint. It is intended to serve as an introduction to why you may want to leverage the EEO process rather than the…
e-Mail Monitoring at Work
e-Mail monitoring at work, whether public or private sector, is a sensitive issue. The key to remember is that it is not yours.
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…
SF 50 Codes (Nature of Action & Legal Authority)
While it is true we could not have come up with a more boring title for this article, we frequently field questions concerning the SF-50 Notification of Personnel Action, and more specifically, the enigmatic Nature of Action and Legal Authority…
Agency ELR Specialists (Agency Role)
Background Question “What is the role of the agency ELR Specialists? What is their education level? What is their grade level ?” Response Agency ELR Specialists are specialized human resources personnel with a primary, if not only, specialization in the…
Reasonable Accommodation & Unexpected Consequences
This article is not intended to provide detailed instructions in applying for Reasonable Accommodation. Each circumstance and set of facts is unique and instructions are specific in that regard as well as internal agency regulations. Instead, this article is intended to…
Change of Supervisor is Beyond Your Control
The Federal Services Labor Management Relations Statute, although somewhat “watered down” by years of case law, reserves a supervisory assignment, and most matters involving assignment of work in any regard, to the sole discretion of the agency.
Union Representation During Counseling
The first thing any bargaining unit employee should do when determining whether they have a right to union representation is refer to their Master Agreement (union contract) or contact a Union Representative
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.