Tag: adverse action

What Our Clients Say

Testimonial From a Client With your help, my attorney negotiated a settlement agreement with the Agency. I achieved a rescinded action in exchange for withdrawal of both MSPB Appeal and EEO case. I just received confirmation the Agency cleaned my…

What Our Clients Say

Testimonial From a Client It’s been a long and arduous journey and I couldn’t have gotten here without your help. ‘Thank you’ doesn’t seem to be enough. I just wanted to let you know that you made it possible for…

MSPB Mock Hearing & Training

Whether you are new to Merit Systems Protection Board (MSPB) processes or already a practitioner, both MSPB and the Office of Personnel Management (OPM) provide valuable training materials.  Among them are mock hearing video training sessions.  These videos will give…

When Not to Fire Your Attorney

At InformedFed, our primary objective is providing expert consultation to employees affected by proposed or final adverse personnel actions or otherwise engaging administrative processes such as grievance procedures, Merit Systems Protection Board (MSPB), arbitration, Office of Special Counsel (OSC), Equal…

“In Lieu Of” Removal

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.  While these options…

Due Process in Federal Service

MSPB Issues Comprehensive Report and Explanation As senior level Employee and Labor Relations Specialists, we can directly attest to the fact federal employees are routinely fired (removed from federal service).  This Merit Systems Protection Board report supports our view.  The MSPB…

Last Chance Agreements

Last chance agreements (LCA’s) and settlements contain terms agreed to by an 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…

Time is Critical

Recently, our consultants were contacted by clients notified by their respective agencies that the agency was proposing removal from employment.  In all cases, the affected employees (clients) waited to contact a consultant until well after they received the notice of proposed…

The “Agency File” MSPB Schedule 752

If you recognized the title of this article, chances are you are an Employee Labor Relations practitioner (some capacity) in the field of federal employee labor relations or you are the unfortunate appellant concerning some type of adverse action.  This…

Opportunity for Discovery

Since the primary purpose of this site is to provide immediately usable advice to federal employees, this article will not present a treatise on discovery theories, methods, or strategies in MSPB or EEO proceedings (consult your Master Agreement for discovery…

Consultant or Attorney? It’s your choice.

When facing an adverse personnel action (such as removal, demotion, etc.), or other issue necessitating some form of representation (such as EEO, administrative grievance, etc.), federal employees at all grade levels must decided whether they will engage some form of representation…

More Douglas Factors

In a previous post, we provided a brief introduction and explanation concerning the Douglas Factors.  Be sure to read that post before reading this post.  In this post, we are going to demonstrate one method of incorporating a response to…

Douglas Factors

In determining a penalty in disciplinary and adverse actions, an agency should consider a number of factors.  If the agency does not, upon appeal, these factors will be considered before an adjudicating authority. Affected employees must be aware of these factors…

What is MSPB e-File?

The Merit Systems Protection Board (MSPB) e-file, also known as “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 and…

When Your Union Doesn’t Care

Union Indifference and it’s Implication on You In a previous post, we covered the complexity of representation and a local union’s ability to effectively function in a complex representational environment.  This post concerns union indifference.  It is important to distinguish…

What Your Union Doesn’t Know…

……Can Cost You Your Job and More Often, our consultants are brought into situations in which the local labor union has begun representation of an employee or in which we are asked to work with the local labor union in…

“Non Employees” Can File an EEO

Applicants and Former Federal Employees have “Standing” to File A common question we receive is whether a former employee or an applicant for employment can file an EEO complaint.  The short answer is yes.  As noticed by the EEOC, “If…

Mixed Case or Mixed Appeal

EEOC, MSPB, Mixed Case or Mixed Appeal 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…

Social Media in Fed Workspace

Social Media and the Federal Workplace are on a Collision Course  Facebook, Twitter, Instagram, 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…

FAQ: When to Contact a Consultant

Question: “When should I contact a consultant? Should I wait until the Agency proposes an action or makes a decision?”  Also, “Will my union pay associated fees or help me in any other way?” Answer:  As soon as possible.  This…

Make the Most of Our Initial Call

How to Maximize our Initial No Obligation Phone Call As you may know, our Consultants provide initial no obligation consultations.  This is our opportunity, and yours, to determine whether our services will be useful to you.  Often, our initial consultation…

Constructive Suspensions

When is a Suspension a Suspension Cutting right to the point and using general terms, a federal agency is empowered to (more common scenarios), Force federal employees to use accumulated leave (enforced leave) Force federal employees into a Leave Without…

Little Things: Proving Delivery

Little Things Can Add Up The issue of “delivery,” “notice,” “timely notice,” “timely delivery,” or any of it’s variants sometimes surfaces in administrative litigation such as grievances, disciplinary actions, adverse actions, EEO complaints, arbitration, etc…  As we instruct our both our…

Probationary Employee? Maybe Not.

Increasing Confusion and Mistakes Among Agencies Consultants from InformedFed are reporting 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.  This situation…

FAQ: Ward Violations

Question: “What is a Ward Violation?” Answer:  Without getting too technical, 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…