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…
The Initial Decision
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,…
The Initial Case Assessment
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,…
Initial EEO Interview Session
In the federal sector, following initial EEO contact, an initial EEO interview session will be conducted in accordance with law regulation.
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…
Consultant or Attorney? It’s your choice.
The decision to engage the services of a consultant or attorney, or even relying on a union representative, arises often with serious federal workplace issues and personnel actions. When facing an adverse personnel action (such as removal, demotion, etc.), or…
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.
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…
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 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.
EEO Complaint Process in the Federal Sector
During the past two years, we noticed many federal agencies deviating from a clearly defined, though not stringent, EEO complaint process.
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…
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).
Making Initial EEO Contact to File a Complaint
Initial contact with an EEO Counselor is a seemingly simple, but incredibly critical task to preserve appeal rights. This is the very first step in filing an EEO complaint and must be accomplished within forty-five days of the agency’s alleged…