Tag: MSPB

Retirement- After Being Fired

Federal employees who are removed from federal service (“fired”) do not normally lose any entitlement to retirement benefits already earned, with limited exceptions (see, 5 USC 8312).  The type of retirement in this instance is sometimes erroneously referred to as…

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…

Whistleblower Rights and Prohibited Personnel Practices

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.  The…

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…

What Our Clients Say

Testimonial From a Client Thank you for helping me prepare for MSPB and settlement negotiations.  They were surprised at my ability to counter their claims based on the briefings you prepared for me.  It was nice to be an “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…

Disability Retirement Insanity?

Maybe, Maybe Not- You Decide Federal employee disability retirement applications are often confusing to employees.  However, outcomes are generally not.  It has been our collective experience, applications for disability retirement from Federal service are generally approved by the Office of…

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, the can be an indispensable tool. This handbook provides all the procedural…

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…

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…

Top 3: Worst Agencies to Work With

 What We See When Dealing With Agencies During the course of working with employees, we have the opportunity assist them with MSPB, EEOC, arbitration, ULP’s, grievances, requests for information, and even OSC matters.  Subsequently, we also have the opportunity to deal…

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…

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…

MSPB: No Right to Counsel

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 before the Board concerning her removal (“firing”) from the Internal Revenue Service. The appeals…

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…