AN ADVERSE ACTION GUIDE
While we hope that no one on either side of the table has to deal with too many adverse actions, we know at least a few of you do a dozen or more oral replies and full hearings a year involving them. By this time you probably know a lot about the process, but then again maybe there are a few things you missed. So, you might want to check out MSPB’s “Primer.” Among our favorite sections are the following:
- Legal Sources for the Right to Notice and a Meaningful Opportunity to Reply
- Decision-Maker Must Listen and Have Power to Decide
- Connecting the Job and the Offense (“Nexus”)
- Labels are Not Required, but if Used They Must be Proven
- Determining the Penalty
- How Employees Become Similarly Situated for Purposes of an Adverse Action Penalty