Tag: appeal

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…

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…

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…

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…

“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…

Making Initial Contact: EEO

Making Initial Contact in Pursuing an EEO Claim 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…

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…

Federal EEO Complaint Process

Clarifying the EEO Process in Federal Sector During the past year, we noticed many agencies deviating from a clearly defined EEO complaint process.  Some examples include: Requiring employees to waive access to EEO counselor and counseling to pursue ADR (mediation)…

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: Timeliness in Discipline

Question “Can a disciplinary action be challenged for timeliness if the employee has been on administrative duty for two years awaiting the completion of a misconduct investigation and presentation of the actual charges.” Answer We will give you one of our more…

FAQ: MSPB or Arbitration?

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.

FAQ: How do I Appeal a Furlough?

Question “I heard furloughs can be appealed.  Is this true?” Answer There are two predominant routes of furlough appeal.  MSPB and EEO. Clearly any appeal related to furlough is an uphill battle.  However, one view is that such an appeal may preserve future…