Category Archives: Discipline/Adverse Action
CONSTRUCTIVE DISCHARGE GENERATES FIVE YEARS BACK PAY & BOOSTED ANNUITY When does discrimination become so bad that the employee can resign or retire and claim s/he had been constructively discharged?
UNIONS ARE MISSING OUT ON INTERIM TERMINATION RELIEF When a union takes an employee’s removal case to arbitration and wins, the agency typically will not reinstate the employee if it decides to file an appeal with the Federal Circuit court. … Continue reading
“INTERIM RELIEF” MEANS MONEY A VA employee was fired from his job, appealed to MSPB, and the Administrative Judge ordered that he be granted “interim relief.” That is what the Board calls it when the agency is ordered to put … Continue reading
HOW TO BEAT A “LACK OF CANDOR” DISCIPLINE CHARGE MSPB has a long record of terminating employees not just for making outright false statements, but also for failing to volunteer information about an incident that management did not even ask … Continue reading
MSPB BURIES RELIGIOUS COVID MASK PROTESTOR A GS-6 Pharmacy Technician refused to wear a mask around the workplace during the COVID epidemic despite an agency order issued in November 2020. It required that they be worn everywhere on the premises … Continue reading
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
HOW TO APPEAL “LAST CHANCE AGREEMENT” (LCA) DISMISSALS The Federal Circuit Court of Appeals just reminded us that while it is possible to challenge, appeal or arbitrate a dispute over whether a last chance agreement permitted the agency to terminate … Continue reading
A LITTLE-KNOWN DEFENSE IN EMPLOYEE THEFT CASES Although MSPB said they were just drawing on prior court of appeals decisions, it sure looks like a new defense to us. At a minimum, they added enormous clarity to an idea that … Continue reading
MSPB CHANGES SIXTH DOUGLAS FACTOR MEANING If a union rep cannot undermine the agency’s evidence that the employee committed the alleged infraction, then s/he uses the “Douglas Factors” to argue that even though guilty the employee’s penalty should be mitigated … Continue reading
REMEMBER THIS AFGE AWOL DECISION One of the reasons we activated Fedsmill was to overcome the disadvantage regional and local union leaders are at when they have no way to hear about case victories from other unions. That hobbles them … Continue reading