Tag Archives: Due Process

MSPB, THIS DOES NOT SOUND FAIR An agency removed a supervisory employee based on the charge of conduct unbecoming a supervisor, supported by two specifications.  But MSPB upheld his removal based on specifications that were never listed in the proposed … Continue reading

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MSPB TWEAKS ADVERSE ACTION DUE PROCESS CONCEPT The agency indefinitely suspended an employee for losing his security clearance, and on appeal MSPB used the case to tweak it concept of due process protections in an adverse action. That makes it … Continue reading

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TURNING TABLES OF PENALTIES ON MANAGEMENT Not long ago MSPB overturned an adverse action because of a mistake management made using its own table of penalties to set the penalty.  The mistake was not an obvious one.  We want to … Continue reading

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ADVERSE ACTION DUE PROCESS AND AGGRAVATING FACTORS Agencies are allowed to consider aggravating factors when choosing adverse action penalties.   These could include prior disciplinary actions, poor work record, lack of rehabilitative potential, etc. However, MSPB just reminded us that there … Continue reading

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