Category Archives: Discipline/Adverse Action
ADVERSE ACTION QUIZ: WHO IS BETTER OFF? Assume that two employees get 15-day adverse action suspensions, their union takes each case to arbitration, and both suspensions are overturned. One employee, Smith, had his adverse action overturned and reduced to a … Continue reading
MSPB PANDERS A TINY BIT LESS TO AGENCIES One of the most disappointing precedents to ever roll out of the Board established that agencies need not meet the tough standard of proof required to fire an employee for falsification, namely, … Continue reading
WHEN HAIR TRUMPS URINE An agency suspended a firefighter for 30 days who tested positive for illegal drugs after being selected in a random test. Because the employee was absolutely convinced that he had not used drugs, he tried to … Continue reading
WHEN HR DISRESPECTS DECIDING OFFICIALS Sitting as the deciding official over a proposed adverse action is a big deal. Not only does the DO have to respect employee Constitutional rights, but also the requirements of law, regulation, agency policy, past … Continue reading
BORDER PATROL COUNCIL OVERCOMES CBP DWI ARREST FLRA just published a decision describing how the AFGE Border Patrol Council very skillfully overturned a Customs and Border Protection employee’s five-day suspension for failing a field sobriety test while off duty and … Continue reading
UPDATE ON OGE ADVERSE ACTION REGULATIONS Not long ago we pointed out a case where MSPB overturned an employee’s removal from FDIC because the agency failed to get approval from the Office of Government Ethics (OGE) of an FDIC-created rule … Continue reading
DUTY TIME AND THE NCAA TOURNAMENT As March Madness continues to escalate over the next two weeks, there will inevitably be employees disciplined for checking in on their favorite team on duty time via agency computers. So, we thought we … Continue reading
MARYLAND LAWYER SAVES BREASTFEEDING CBP OFFICER Socorro Thome was a trained and experienced Customs and Border Protection Officer (CBPO) in the tough port of El Paso, Texas when she became pregnant in November 2010. At that point, she began light … Continue reading
MSPB CHANGES “FALSIFICATION” PROOF ELEMENTS, BUT GROVELS TO AGENCIES In a recent case, DHS tried to fire an employee for misrepresentation, which MSPB considers to be the same as falsifying, lying or defrauding. The employee, on detail to a different … Continue reading
ARE THESE ADVERSE ACTION SUSPENSIONS LEGIT OR NOT? Look over these facts to figure out how you would represent these two employees. Then we will tell you the official outcome of the case. The Department of Justice suspended two attorneys … Continue reading